Local Government Act - Part 1 [Cap. 125] (Pgs 3-S68)

	Home \| Databases \| WorldLII \| Search \| Feedback Fiji Consolidated Legislation

PacLII Note: Due to the size of this Act and the Regulations, PacLII has also published it in four parts. This is Part 1.

1. Short title
2. Interpretation
3. Classes of municipalities
4. Local Government Committee
5. Declaration of towns and cities
6. Declaration of districts
7. Notice of proposal to alter boundaries
7A. Interpretation of sections 5 and 6

8. Councils of municipalities
9. Composition of council
10. Qualifications and disqualifications for councillors
11. Qualifications of electors
12. Elections and voting power
13. Conduct of elections
14. Costs of elections
15. Vacation of office by failure to attend meetings
16. Acting as councillor whilst disqualified an offence
16A. Declaration by council of vacancy in office
16B. Validity of acts done by unqualified persons
17. Disabilities
18. Members of council not personally liable
19. Accounts and reports

20. Mayors
21. Election of mayor
22. Lord Mayor of Suva
23. Election of deputy mayor
24. Duty of mayor
25. Resignation or removal of mayor
26. Special powers of mayor in emergency

27. Council may appoint special or standing committees
28. Chairman of committee
29. Committee subject to direction by council
30. Joint committees

31. Meetings of council
32. Person presiding
32A. Quorum and majority
33. Proceedings not to be invalid by reason of vacancy
34. Removal of councillors
34A. By-laws regulating procedure

34B. Filling of casual vacancy in the office of mayor
34C. Filling of casual vacancy in the office of deputy mayor
34D. Filling of casual vacancy in the office of councillor
34E. Date of casual vacancies
34F. Terms of office of persons filling casual vacancies

37. Municipal fund
38. Particulars of fund
39. Bank account
40. Overdrafts
41. Borrowing powers
42. Advances from Consolidated Fund
43. Powers of investment
44. Powers as to expending income
45. Imprest account
46. Estimate of expenditure

47. Control of assets and accounts
48. Transfer from general fund to meet deficiencies
49. Transfer from separate account to general account
50. Inspection of accounts
51. Audit
52. Powers of auditor to require production of documents
53. Auditor to report errors and deficiencies
54. Matters required to be mentioned in report
55. Auditor may take legal advice
56. Destruction of any books, etc.
57. Annual statement

58. General rate
59. Special and local rates
60. Rateable land
61. Rates to be assessed on rateable land
62. Agricultural land

63. Meaning of unimproved value
64. Sexennial valuation
65. Appointment of valuers
66. Valuations and assessments of rates to be entered in the rate book
67. Publication of notice of valuation
68. Alterations in rate book
69. When name of owner unknown person may be described as "owner"
70. Appeal against valuation
71. Invalid valuations

71A. Meaning of "registered lease"
72. Publication of rate
73. Demand note to be served on the ratepayer
73A. Discount on rates
74. Government contributions
75. Liability for rates
76. Payment of rates by mortgagee
77. Persons liable to be resorted to in succession
78. Rates recoverable by action
79. Non-compliance with procedure not to prevent recovery
80. Power to write off, including interest
81. Attornment of leases
82. Authority for lessee to set off rates
83. Contracting out to be prohibited
84. Rates longest outstanding to be first paid
85. Refusal to give name of person liable
86. Notice of transfer
87. Council may lodge caveats

88. General powers and duties of councils
89. References in other laws to local authorities
90. Public utility services

91. Acquisition of land by agreement
92. Power to let land
93. Power to sell or exchange land
94. Compulsory acquisition of land

95. Power to provide dwelling-houses
96. How land and buildings may be dealt with
97. Power to sell or let dwelling-houses
98. Cost of dwelling-houses
99. Sale of dwelling-houses
100. Action in case of hardship
101. Power to compound
102. Conditions operative so long as money owing
103. Sale where purchaser insolvent
104. Restrictions on transfer
105. General power as to housing schemes
106. Power to sell or let buildings other than dwelling-houses

107. Streets vested in a council
108. Council to maintain streets
109. Powers of council in relation to streets
110. Unformed streets
111. By-laws as to standard of streets
112. Special provision as to dedication
113. Power of Minister to declare streets on Crown Land to be vested in the council
114. Precautions to be taken against danger when obstructing a street
115. Penalties for injuries to streets, and obstructions
116. Council may recover expenses for repairs to streets damaged by excessive weight
117. Powers of council in relation to land abutting upon streets
118. Appeal from order of council

122. Council's powers of making by-laws
123. Regulations
124. Minister's powers

126. Special provisions for new municipalities
127. Certificate as to amount due to council
128. (Repealed)
129. Power to prohibit work
130. Appointment of inspector
131. Appointment of committee of inquiry
131A. Powers in relation to council in default
132. Disallowance and surcharge
133. Evidence of acts of council
134. Legal proceedings
135. Execution of documents
136. Free searches of registers
137. Notices
138. Minutes, etc., to be provided
139. Transitional
140. Repeal and saving
141. Amendment of subsidiary legislation made under repealed Ordinance

Acts Nos. 4 of 1972, 17 of 1973, 28 of 1973, Legal Notice No. 78 of 1974,
Acts Nos. 14 of 1975, 4 of 1976, 26 of 1980, 11 of 1983

"agricultural land" means land exclusively used for one or more of the following purposes or in one or more of the following manners or for a combination of such purposes and manners:—

"drain" includes a sewer, pipe, ditch, channel or any other device for carrying off sullage, sewerage and water of any kind together with traps, sinks, cisterns and other fittings appertaining thereto;

"Electoral Commission" means the Electoral Commission constituted under the provisions of section 42 of the Constitution;

"improvements" in relation to land means all work done or materials used at any time on or for the benefit of the land by the expenditure of capital or labour or both by any owner or occupier thereof or any predecessor in title in so far as the effect of the work done or material used is to increase the value of the land and the benefit thereof is unexhausted at the time of valuation; but except in the case of land owned and occupied by the Crown or by a statutory public body, does not include work done or material used on or for the benefit of the land by the Crown or by any statutory public body, except to the extent that the same has been paid for or contributed to by the person who is the owner or occupier of the land at the time of the valuation:

(a) the reclamation of land from the sea shall not in any case be deemed to be improvements either of the land reclaimed or of any other land; and

(b) work done or material used at any time on or for the benefit of any land by the expenditure of capital or labour or both by any owner or occupier thereof or any predecessor in title (whether required by any written law or not) by the provision of streets, roads or drains or the carrying out of any subdivision, reclamation, levelling, cutting or filling or any other work to make such land suitable or more suitable for building purposes, shall not be deemed to be improvements;

"land" includes messuages, tenements, hereditaments and any estate or interest in the land and houses, buildings, works and structures in or upon the land;

"Local Government Committee" means the Committee established under the provisions of section 4;

"mayor" includes, in relation to the city of Suva, the Lord Mayor of Suva and, in relation to a district, the chairman of the district council; "municipality" means a town or district;

"occupier" includes any person legally in actual occupation of land or premises without regard to the title under which he occupies and in the case of premises sub-divided and let to lodgers or various tenants, the person receiving the rent payable by the lodgers or tenants whether on his own account or as agent for any person entitled thereto or interested therein;

"owner" in relation to land means a person other than a mortgagee not in possession who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a registered lease or registered agreement:

Provided that in the case of unalienated native land the term "owner" shall mean the proprietory unit;

(a) any road, lane, footpath, square, alley or passage over which the public has a right of way whether a thoroughfare or not, and every bridge, culvert, drain, embankment, causeway, fence or other thing belonging or appertaining thereto;

(b) all land which immediately before 5 May 1972 was a street under the provisions of any Act repealed by this Act;

(c) any street declared to be a street by a council in pursuance of the provisions of section 109;

3.—(1) Municipalities to which this Act applies shall be divided into the following classes:—

(a) towns, being cities, towns or, subject to the provisions of paragraph (b), townships in existence immediately before 5 May 1972 or districts or other areas subsequently constituted to be towns under the provisions of section 5;

(b) districts, being areas constituted as districts under the provisions of section 6.

(2) Except where otherwise stated in this Act, the provisions of this Act shall apply to both classes of municipalities specified in subsection (1).

4.—(1) There is hereby constituted a committee to be known as the Local Government Committee which shall carry out the functions and undertake the enquiries assigned or referred to it under the provisions of this Act.

(2) The members of the Local Government Committee shall be appointed by the Minister and shall consist of a Chairman who shall hold office for a period of five years and not less than two other members who shall be appointed for the purpose of any particular enquiry.

^[1]5.—(1) Upon application in that behalf by the council of any district, or upon representations being received that an area not being a district be constituted a town, or upon similar application or representation being made that the boundaries of any town be altered, the Minister may make such order with regard to the definition or alteration of boundaries as he may consider appropriate, or he may decline to make such order, and in any case may refer the matter to the Local Government Committee for enquiry and advice before deciding on the application or representation.

(2) Where any district or area is declared to be a town under the provisions of subsection (1), the Minister may nominate such members, appoint such officers and make such regulations as may be necessary or expedient as an interim measure to provide for the first election of the council of such town and for the government of the town including the provision of services until a council is duly constituted under the provisions of this Act, and for the transfer of the property, rights and liabilities of the district council or other local authority to the council so constituted, and generally for giving effect to the provisions of this Act:

Provided that, unless the Minister otherwise prescribes in such regulations, such first election shall take place not later than six months after the declaration of the district or area to be a town.

(3) Where a new town is constituted or the boundaries of a town are extended or any material change takes place in the population of a town, the Minister may of his own volition or shall upon application by the town council refer the question of the division of the town into wards or the redefining of wards or the creation of any new ward to the Electoral Commission which shall make such order in relation thereto as it shall think fit. In such an order the Electoral Commission shall provide that each ward shall contain nearly equal numbers of adult inhabitants as appears to be reasonably practicable:

Provided that the Commission may depart from such principles as it considers expedient in order to take into account geographical features, means of communication and density and mobility of population.

(4) Where the boundaries of any town are extended the Minister may make such regulations as may be necessary or expedient for the transfer to the town council of property, rights and liabilities of any local authority of any place included in the town by such extension.

(5) Any land which is reclaimed from the sea, the landward boundary of which is contiguous to or connected with land within a town, shall automatically be deemed for all purposes to be land within that town.

(6) Upon application in that behalf made by the council of a town having a population of not less than twenty thousand, the Minister may, by order, declare such town to be a city and such town shall thereafter be known and described as a city. Such order shall in no manner whatsoever affect the constitution or continuity of the council of such town nor shall have any other effect whatsoever save only as aforesaid, and all the provisions of any Act relating to towns shall continue to apply thereto.

6.—(1) The Minister may refer to the Local Government Committee the question as to whether any area not being a town should be constituted a district for the purposes of this Act or whether there should be an alteration in the boundaries of an existing district and, after due enquiries have been made by the Committee thereon and as to the proposed boundaries, the Committee shall advise the Minister who may make such order with regard to the definition or alteration of boundaries as he may consider appropriate.

(2) Where any area is declared to be a district under the provisions of subsection (1), the Minister may nominate such members, appoint such officers and make such regulations as may be necessary or expedient as an interim measure to provide for the first election of the council of such district and for the government of the district including the provision of services until a council is duly constituted under the provisions of this Act, and for the transfer of the property, rights and liabilities of any local authority within the area declared to be a district to the council so constituted and generally for giving effect to the provisions of this Act:

Provided that such first election shall take place not later than two years after the declaration of the area to be a district or such lesser period as the Minister may prescribe in such regulations.

(3) Where a new district is constituted or the boundaries of a district are extended or any material change takes place in the population of a district, the Minister may of his own volition or shall upon the application by the district council refer the question of the division of the district into wards or the redefining of wards or the creation of any new ward to the Electoral Commission which shall make such order in relation thereto as it shall think fit. In such an order the Electoral Commission shall provide that each ward shall contain nearly equal numbers of adult inhabitants as appears to be reasonably practicable:

(4) Where the boundaries of any district are extended the Minister may make such regulations as may be necessary or expedient for the transfer to the district council of property, rights and liabilities, of any local authority of any place included in the district by such extension.

(5) Any land which is reclaimed from the sea the landward boundary of which is contiguous to or connected with land within a district shall automatically be deemed for all purposes to be land within that district.

7.—(1) Before the boundaries of any town are defined under the provisions of subsection (1) of section 5 or the boundaries of any district are defined under the provisions of subsection (1) of section 6, or such boundaries are altered under the provisions of subsection (1) of section 5 or subsection (1) of section 6, as the case may be, the Minister shall arrange that a notice of the proposal to define or alter the boundaries of any town or district setting out details of such proposals be advertised once in the Gazette and four times in a newspaper published and circulating in Fiji calling upon all persons interested in the proposal to submit to the Local Government Committee within a period of two months from the date of the first of such advertisements, any objections which such person may wish to make.

(2) The Local Government Committee shall after due enquiry advise the Minister on any objections referred to in sub-section (1).

7A. In sections 5 and 6 the expression "local authority" includes any municipality established under the provisions of this Act and any local authority within the meaning of the Public Health Act.

8.—(1) For the government of each municipality there shall be constituted a council, which shall—

(a) in the case of a city, be known by the name of the city followed by the words "City Council";

(b) in the case of a town, be known by the name of the town followed by the words "Town Council";

(c) in the case of a district, be known by the name of the district followed by the words "District Council".

(2) Every Council shall be a body corporate with perpetual succession and a common seal and shall for the purposes and subject to the provisions of this Act be capable of purchasing, holding, disposing of and alienating and of accepting dedications of real and personal property and of doing and suffering all such acts and things as bodies corporate may by law do and suffer.

(3) Every town declared to be a town and every township declared to be a township before the commencement of this Act shall continue in being as a town and the council or board of every such town or township shall continue in being as a town council under the provisions of this Act and all by-laws, regulations and appointments made, powers conferred, and any notifications issued, served or published, by such council or board shall remain of full force and effect until revoked, cancelled or amended under the provisions of this Act:

Provided that at the request of the township board of such township or upon the directions of the Minister, any township may continue in being as a district in which case, subject to this modification, the provisions of this subsection shall apply.

9.—(1) The council of every municipality shall consist of such number of elected councillors as the Electoral Commission may from time to time by order determine:

Provided that the Minister may advise the Electoral Commission of the minimum number of councillors who should constitute the council.

(2) Where a municipality is divided into wards, the Electoral Commission shall determine the number of councillors for each ward.

(3) Subject to the other provisions of this Act, each councillor shall hold office for a period of three years, but shall be eligible for re-election:

Provided that a councillor shall remain in office until immediately before the meeting at which his replacement first takes his seat after the election at which he is returned.

(5) If at any election to fill any vacancy in the office of a councillor, no person is nominated or returned or a less number of persons are returned than there are vacancies to be filled, any vacancy remaining unfilled shall be deemed to be a casual vacancy occurring on the day appointed for the nomination of election.

(6) In addition to the elected members, the Minister may nominate such numbers of advisers as he may consider appropriate to assist the council and such advisers shall be entitled to attend meetings of the council but shall have no right to vote thereat.

10.—(1) Subject to the provisions of subsections (1A) and (2), every citizen of Fiji enrolled as an elector in the municipality who can read or write or speak in any one or more of the English, Fijian or Hindustani languages shall be qualified to be elected as a councillor.

(1A) If any person seeking to be elected a councillor in a municipality which is divided into wards consents to be nominated for election in more than one ward every such nomination shall be void.

(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any power or state outside the Commonwealth;

(b) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

(c) is under any law in force in Fiji adjudged or otherwise declared to be of unsound mind;

(d) is under sentence of death imposed on him by a court in any part of the Commonwealth or is under a sentence of imprisonment (by whatever name called) for a term exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;

(e) is disqualified from membership of a council under any law in force in Fiji relating to offences connected with elections;

(g) has at any time during the immediately preceding three years held or acted in the office of a member of the Constituency Boundaries Commission, or of the Electoral Commission, or the office of Supervisor of Elections;

(h) holds or is acting in an office the functions of which involves any responsibility for or in connection with the conduct of any election to a council; or

(i) holds any paid office, other than mayor, under or within the control of the council or any committee thereof.

(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms;

(b) a sentence of imprisonment imposed as an alternative to or in default of a payment of a fine shall be disregarded.

11.—(1) Every person of or over the age of twenty-one years who is a citizen of Fiji and who is the occupier or owner of land within the municipality shall be entitled to be enrolled as an elector.

(2) In the case of a municipality divided into wards, a person registered to be an elector shall be entitled to be enrolled only in respect of the ward in which he occupies or owns land.

(3) The name of an elector shall not appear more than once on the electoral roll of any ward.

(a) he has, during the three months immediately preceding the date of closing of the electoral roll in the year in which he applies for registration been in joint or several occupation as a lawful tenant of land within the municipality or of land included in the municipality by virtue of an extension of its boundaries; or

(b) he is nominated in writing as an elector by a body corporate which is, or by trustees who are, in occupation as aforesaid or as owners of land within the municipality:

Provided that the body corporate or trustees shall not nominate more than three persons for enrolment as electors as occupiers in any ward; or

(c) he has resided in the municipality or in a place included in the municipality by virtue of an extension of its boundaries for a continuous period of twelve months at the time of enrolment.

12.—(1) Every person whose name appears on the electoral roll of a municipality shall be an elector in that municipality for the purposes of this Act.

(b) more votes in all than the total number of councillors to be elected for the electoral area.

(3) An election shall be determined by the majority of valid votes cast at the poll.

(4) No person shall be subject to incapacity to vote in a local government election by reason of his being or acting as the returning officer thereat.

13.—(1) The Electoral Commission may make regulations providing for the conduct of elections to municipalities and all matters incidental thereto including prescribing electoral offences and for election petitions.

(2) Regulations made under the provisions of subsection (1) shall include provision for—

(a) a fresh electoral roll to be prepared prior to each general election to a council;

(3) The Supervisor of Elections shall, in respect of elections to municipalities, have the same powers as are conferred upon him under the Constitution so far as applicable.

14. All reasonable costs and expenses incidental to any election except the expenses incurred by or on behalf of the candidates shall be paid out of the municipal fund.

15.—(1) If a councillor fails throughout a period of three consecutive months to attend any meeting of the council he shall, unless the failure was due to some reason approved by the council, cease to be a member of the council.

(2) Attendance at a meeting of a committee or other body to whom any of the functions or powers of the council have been delegated or transferred shall for the purpose of this section be deemed to be attendance at a meeting of the council.

(a) where the councillor has attended a meeting of the council, from the date of the last meeting which he attended; or

(b) where the councillor has not attended any meeting of the council, from the date of his election or appointment.

16. If a person who is not qualified to be or is disqualified from being a member of a council acts or purports to do any act as a councillor, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200 for each occasion on which he is found to have so acted:

Provided that no proceedings shall be brought under the provisions of this section except—

(c) within six months of the date upon which such person is alleged to have so acted.

16A.—(1) Where a councillor ceases to be qualified to be a councillor or becomes disqualified from being a councillor or ceases to hold office by reason of failure to attend meetings in pursuance of section 15, the council shall forthwith declare his office to be vacant and signify the vacancy by notice signed by the town clerk and publicly displayed at the office of the council.

(2) Where the office of a councillor becomes vacant by reason of the death or resignation of the councillor the town clerk shall cause the vacancy to be publicly notified in the manner prescribed by subsection (1).

16B. The acts and proceedings of any person elected to an office under this Act and acting in that office shall notwithstanding his disqualification or want of qualification be as valid and effectual as if he had been qualified.

17.—(1) Where any person is presiding over a meeting of the council or of a committee thereof and—

(a) has any direct or indirect pecuniary interest in any contract or proposed contract or other matter with the council, the terms of which or a decision on which is the subject of consideration at such meeting; or

(b) holds any office or appointment which is likely to lead to a conflict of duty or interest in the performance of his duty and functions as the person presiding,

he shall disclose the fact, specifying such interest, matter, office or appointment and shall not continue to preside over the meeting and shall absent himself therefrom whilst such subject is under consideration.

(a) has any pecuniary interest, direct or indirect, in any contract or proposed contract or any other matter; and

(b) is present at any meeting of the council or any committee of the council at which the terms of such contract or a decision on such other matter is the subject of consideration,

he shall at such meeting disclose such interest and shall not, without the permission of the council given by resolution, take part in any consideration or discussion of or vote on any question relating to such contract or other matter, and if the person presiding at such meeting so directs he shall withdraw from such meeting during such consideration, discussion or voting:

Provided that the foregoing provisions of this section shall not apply to a pecuniary interest which a councillor may have as a ratepayer or taxpayer only.

(3) Any person who fails to comply with the provisions of subsection (1) or subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $400 unless he establishes to the satisfaction of the court that he did not know—

(a) that he had a pecuniary interest in the contract, proposed contract or other matter; and

(b) that the contract, proposed contract or other matter was the subject of consideration at the meeting.

(4) A prosecution for an offence under this section shall not be commenced except with the consent of the Director of Public Prosecutions.

18. No matter or thing done and no contract entered into by any councillor and no matter or thing done by any councillor or officer or servant of such council shall, if the matter or thing were done or the contract were entered into bona fide for the purpose of executing provisions of this Act, subject them or any of them personally to any action, liability, claim or payment whatsoever and any expenses incurred by any such council, officer or servant shall be borne and repaid out of the funds at the disposal of the council.

19.—(1) On or before 31 July in each year every council shall transmit to the Minister—

(a) a copy of the annual statement prepared by the council in accordance with the provisions of section 57;

(c) a report containing a summary of the proceedings and activities of the council during the preceding year.

(2) The Minister shall cause copies of the annual statement and reports to be laid before Parliament.

20. Each council shall elect a mayor in accordance with the provisions of section 21.

21.—(1) The mayor shall be elected annually by the council from among the members of the council and shall unless he resigns or ceases to be qualified or becomes disqualified from being a councillor under this Act, or his office otherwise becomes vacant, hold office until his successor is elected at the first meeting of the council after the expiry of twelve months from his election.

(2) The election of the mayor shall be by secret ballot and shall be the first business transacted at the annual meeting held after a general election to the council and thereafter at the first meeting of the council after the expiry of twelve months from the last election of a mayor.

(3) If at any election under subsection (2) there is given to two or more candidates an equal number of votes in excess of those given to any other candidate, or where in the case of their being only two candidates an equal number is given to each, the election between the two candidates with an equal number of votes shall be decided by the drawing of lots.

(4) The town clerk or, if there be no town clerk, the person appointed to be returning officer for the purpose of supervising elections to the council, shall preside at the annual or other meeting referred to in subsection (2).

(5) A council may with the prior approval of the Minister pay to the mayor such quarterly allowance as it considers reasonable.

22. The mayor of the city of Suva shall be known by the style or title of Lord Mayor of Suva.

23.—(1) Each council shall at the annual meeting held after a general election to the council, and thereafter annually, elect by secret ballot from among the members of the council a person to be deputy mayor who shall unless he resigns or ceases to be qualified or becomes disqualified from being a councillor under this Act or his office otherwise becomes vacant, hold office until the next annual election of a mayor.

(2) The deputy mayor shall, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all of the functions which the mayor as such may discharge.

(a) subject to the provisions of this Act to preside, unless prevented by reasonable cause, at all meetings of the council and, subject to any rules or regulations for the time being in force, to regulate the conduct of business at such meetings;

(b) to perform such executive functions as may be allotted to him by or under the provisions of this Act.

25.—(1) The mayor may at any time resign his office by notice in writing addressed to the town clerk.

(2) Where the Minister is satisfied after due enquiry that the mayor has been guilty of misconduct or is incapacitated from performing his duties or has acted in a manner prejudicial to the interests of the municipality, he may order that the mayor be suspended or dismissed.

(3) Without prejudice to the general meaning of the word "misconduct", a mayor who fails to comply with the provisions of subsection (1) of section 17 shall be deemed to be guilty thereof.

26. The mayor may in cases of emergency direct the execution or stoppage of any work or the doing of any act which requires the sanction of the council and the immediate execution, stoppage or doing of which is in his opinion necessary for the service or safety of the public and may direct that the expense of executing such work or doing such act shall be paid from the municipal fund:

(a) he shall not act in contravention of any order of the council prohibiting the execution of any particular act; and

(b) he shall report forthwith the action taken under the provisions of this section and the reason therefor to the council.

27.—(1) A council may from time to time appoint standing or special committees and may delegate to any such committee any matters for consideration or enquiry or management or regulation and may delegate to any such committee any of the powers and duties conferred or imposed upon the council by the provisions of this Act except—

(2) Persons who are not councillors may be appointed to a committee, other than a committee for regulating and controlling the finances of the municipality, appointed under the provisions of this section but shall not be entitled to vote on any matter coming before the committee:

Provided that at least two-thirds of the members of every committee shall be councillors.

(3) Every member of a committee appointed under the provisions of this section who at the time of his appointment was a councillor shall upon ceasing to be a councillor also cease to be a member of the committee.

28.—(1) A council may appoint a member to be chairman of a committee and in default of such appointment the committee shall itself appoint a chairman.

(2) The committee may from time to time appoint a deputy chairman to act in the absence of the chairman.

29. Every committee other than a joint committee appointed under the provisions of section 30 shall be subject to the control of the council and shall carry out all directions generally or specially given by the council in relation to such committee or its affairs.

30.—(1) A council may concur with any one or more local authorities in appointing from amongst their respective member a joint committee of the council and those other authorities for any purpose in which they are jointly interested and may delegate to such committee with or without restrictions or conditions as they think fit any functions of the council relating to the purposes for which the joint committee is formed except the power of imposing a rate, borrowing money or making by-laws.

(2) The council shall pay such proportion of the expenses of the joint committee as may be agreed by it and the other local authorities or, in case of disagreement, as may be determined by the Minister.

(3) In this section, the expression "local authority" includes any municipality established under the provisions of this Act, any provincial council established under the provisions of the Fijian Affairs Act and any local authority within the meaning of the Public Health Act.

31.—(1) Every council shall, within twenty-eight days of each general election thereto, hold a general meeting of the council.

(2) The first annual meeting of the council shall be summoned by the town clerk, or, if there be no town clerk, by a person appointed in that behalf by the Minister.

(3) Ordinary meetings of the council shall be held not less frequently than once a month at such time as may be prescribed or as the council may direct.

(a) notice of the time and place of the intended meeting shall be published at the office of the council;

(b) a notice to attend the meeting specifying the business to be presented thereat and signed by the town clerk shall be left at, or sent by post to, the address of every councillor communicated to the town clerk:

Provided that the failure to serve such notice on any councillor shall not affect the validity of the meeting.

(6) Notwithstanding any other provisions of this section, the mayor may call an emergency meeting of the council at any time:

Provided that a copy of any resolution passed at such a meeting shall be despatched to all councillors within three days thereof.

32.—(1) Subject to the provisions of section 17, at every meeting of the council, the mayor, if present, or, in his absence, the deputy mayor, shall preside.

(2) Subject to the provisions of section 17, at every meeting of every committee, the chairman thereof, if present, or, in his absence, the deputy chairman, shall preside.

(3) If no person has been elected to preside at any meeting of the council or at any committee thereof or if the person elected to preside is absent therefrom or from any part thereof, such councillor as may be elected by the council or committee, as the case may be, shall preside.

32A.—(1) All acts of a council and of any committee thereof and all questions coming or arising before a council or any committee thereof may be done and decided by the majority of such members of the council or committee as are present at a meeting held in pursuance of this Act or of any regulation or by-law made thereunder, the whole number present at the meeting (whether voting or not) being not less than one half of the number of members of the council or of the committee as the case may be when that number is even or a majority of such number if odd.

(2) Subject to the provisions of sections 21 and 34B in the case of equality of votes the person presiding at any meeting of the council or any committee thereof shall have a second or casting vote.

33. No act or proceeding of a council or of a committee or of any person acting as a member of the council shall be invalidated by reason of there being a vacancy in the number of councillors at the time of such act or proceeding.

34. Where the Minister is after due enquiry of the opinion that a councillor has been guilty of misconduct or is incapacitated from performing his duties or has acted in a manner prejudicial to the interests of the municipality he may order the suspension or removal of such councillor.

34A. A council may make by-laws providing for the summoning of meetings of the council and any committee thereof, the regulation and conduct of meetings and proceedings, the conduct of debates, the maintenance of order, the suspension of members and all such matters, whether similar to the foregoing or not, as may be deemed necessary and proper to ensure the efficient functioning of the council and its committees.

34B.—(1) On a casual vacancy occuring in the office of mayor his successor shall be elected by the council from among its members and for the purpose of such election the town clerk shall forthwith convene a special meeting of the council.

(2) The provisions of section 21 shall apply, mutatis mutandis, to any election under subsection (1).

34C.—(1) Subject to subsection (2), on a casual vacancy occurring in the office of deputy mayor an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days of that date, then not later than the next following ordinary meeting of the council and shall be conducted in the same manner as an ordinary election to the office of deputy mayor.

(2) Where under subsection (1) of section 34B the person holding the office of deputy mayor is elected to fill a casual vacancy in the office of mayor the council shall at the same special meeting proceed to elect a new deputy mayor in the manner prescribed by subsection (1) of section 23.

34D.—(1) On casual vacancy occurring in the office of councillor an election to fill the vacancy shall be held within sixty days of the date of the vacancy occurring.

(2) Where a casual vacancy in the office of councillor occurs within 6 months before the date upon which the next general election of councillors is required to be held, an election shall not be held under subsection (1) unless on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election is not held under subsection (1) the vacancy shall be filled at the next general election.

34E. For the purpose of filling a casual vacancy in any office for which an election is held under the provisions of this Act the date upon which the vacancy shall be deemed to have occurred shall be—

(a)in the case of resignation the date upon which notice of resignation is received by the town clerk;

(c) in the case of a conviction, upon the expiry of the period allowed for making an appeal or if an appeal is made the date upon which the appeal is finally disposed of or abandoned;

(d) in any other case, upon the date the office is declared to have been vacated by a declaration made by the council under the provisions of subsection (1) of section 16A.

34F. A person elected under this Part to fill a casual vacancy shall hold office until the date upon which the person in whose place he is elected would regularly have retired and he shall then retire.

35.—(1) Every council shall appoint fit and proper persons to be town clerk, health inspector and building surveyor and may appoint such other officers and servants as the council considers necessary for the efficient discharge of its functions.

(2A) The town clerk shall be paid such salary as is determined from time to time by the Higher Salaries Commission.

(2B) Subject to the provisions of the Higher Salaries Commission Act, other officers and servants of the council shall be paid such salaries as the council from time to time determines.

(3) Subject to the terms of any agreement in writing requiring notice to be given by either party of the termination of the appointment, all persons appointed under the provisions of this section shall hold office at the pleasure of the council.

(4) A councillor shall be disqualified from appointment by the council to any paid office of the council other than that of mayor.

36.—(1) If it comes to the knowledge of an officer or servant employed by a council that a contract in which he has pecuniary interest direct or indirect not being a contract to which he himself is a party, has been or is proposed to be entered into by the council, he shall as soon as practicable give notice in writing to the council of the fact that he is interested therein.

(2) For the purposes of this section, an officer or servant shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated under the provisions of section 17 had he been a councillor.

(3) Except with the approval of the council previously obtained, no officer or servant of a town council shall under colour of his office or employment exact or accept any fee or reward whatsoever other than his lawful remuneration.

(4) If any person fails to comply with the provisions of subsection (1) or contravenes the provisions of subsection (3) he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.

37. There shall be for every municipality a fund to be called the municipal fund.

(a) all rates collected by the council under the provisions of this or any other Act;

(c) all fines, penalties and forfeitures, recovered by the council under the provisions of this Act or any other written law or declared to form part of the revenues of or directed to be paid to the council by the provisions of any written law;

(f) all moneys paid to the council by the Government by way of grant or in lieu of rates;

39.—(1) All moneys belonging to a council shall be paid into such bank as the council may from time to time appoint.

(2) Subject to the provisions of section 45, all moneys paid by a council shall be drawn from the council's bank by cheque signed by—

and countersigned by the town clerk or in the absence of the town clerk the treasurer or any other officer authorised in that behalf by the Council.

40. (1) A council may from time to time raise loans on overdraft from a bank or otherwise for such purposes and in such amounts or on such terms and conditions as shall—

(a) be approved by the council in the case of a loan or loans not exceeding in the aggregate 5 per cent of the recurrent estimated gross revenue of the council;

(b) be approved by the Minister in the case of a loan or loans not exceeding in the aggregate 15 per cent of the recurrent estimated gross revenue of the council;

(c) be approved by the Minister in consultation with the Minister responsible for finance in any other case:

Provided that the Minister may exempt any council from the conditions imposed by this subsection.

(2) Any loans raised under the provisions of this section which are required to be secured and any interest on such loans shall be a charge on the funds of the council.

(3) If, at any time, any principal, money and interest due and payable under any loan raised under the provisions of this section by a council remains unpaid for a period of two months after a demand has been made in writing the person entitled thereto may without prejudice to any other remedy apply to the Supreme Court for the appointment of a receiver on such terms and with such powers as the court may think fit.

(4) Without prejudice to the generality of the provisions of subsection (3), the Supreme Court may confer upon the receiver any such powers of collecting, receiving and recovering the revenues of the council and by making, levying, collecting and recovering rates as are possessed by a council or its officers.

41.—(1) A council may from time to time raise loans for such purposes, in such amounts and on such terms and conditions as shall be approved by the Minister responsible for finance.

(3) If at any time any principal, money or interest due and payable under any loan raised under the provisions of this section remains unpaid for a period of two months after demand in writing has been made, the person entitled thereto may without prejudice to any other remedy apply to the Supreme Court for the appointment of a receiver on such terms and with such powers as the court may consider fit.

(4) Without prejudice to the generality of subsection (3), the Supreme Court may confer upon the receiver any such powers of collecting, receiving and recovering rates as are possessed by the council or its officers.

(5) The power to raise loans under the provisions of this section shall be in addition to and not in derogation of any such powers conferred by the other provisions of this Act or by any written law for the time being in force.

42. The Minister responsible for finance may, subject to the provisions of the Finance Act, authorise payment from the Consolidated Fund of grants or loans of money to a council for the purpose of enabling the council to carry out its duties and responsibilities arising under the provisions of this Act of such amount and upon such conditions as the Minister responsible for finance may determine.

43. A council may, with the consent of the Minister, invest any part of the municipal fund in any stock, bonds, debentures or other securities and may sell any such stock, debentures or other securities.

44.—(1) The whole of the income of any council shall be expended solely in doing or carrying out those things which the council is empowered or required to do or carry out under the provisions of this Act except that in any year the council may expend out of such portion of the municipal fund as is not allocated under the provisions of this Act for any special purposes any moneys for the purpose of—

(a) subsidising any scheme or system of endowment assurance or other form of retirement benefit which may be approved by the council for the benefit of all or any of its employees:

Provided that the moneys so expended shall not, except with the approval of the Minister, exceed in the case of any employee 5 per cent of his salary or wages;

(b) granting gratuities in individual cases or in accordance with any scheme or system instituted by the council to any of its employees who shall not be entitled to contribute to any subsidised scheme or system of endowment assurance or other form of retirement benefit established by any other Act or by the council under the foregoing provisions of this section or for whose case such last mentioned scheme or system in the council's opinion is not suitable or should not be applicable to an employee or to any dependants of any such employee;

(c) contributing, subject to the prior approval of the Minister, to any charitable purpose within the meaning of the Charitable Trusts Act.

(2) The provisions of subsection (1) shall not invalidate or affect any scheme or system of retirement benefits adopted by any council prior to the commencement of this Act.

45.—(1) A council may by resolution establish an imprest account which shall be kept at the bank at which the municipal fund account is kept.

(2) The imprest account shall be held jointly in the names of, and operated on by, the town clerk and one other person to be appointed in that behalf by the council.

(3) The council shall from time to time fix the maximum amount that may be held at any time in an imprest account.

(4) Moneys in the imprest account shall be available only for the payment of casual wages and for emergency expenditure.

(5) A statement of all payments made from the imprest account shall be submitted to the council at its first ordinary meeting after such payments have been made.

46.—(1) Every council shall on or before the annual meeting to be held during the month of November in every year, prepare and approve an estimate of the income and expenditure of the council for the next succeeding year whether on account of property, contributions, rates, loans or otherwise.

(2) If so required by the Minister a council shall submit a copy of the estimate referred to in subsection (1) to the Minister.

(3) Every council may at any time during the year for which an estimate has been made cause a revised or supplementary estimate to be prepared and, where appropriate, submitted for approval.

(4) Re-appropriation of funds referred to in an estimate may be made from time to time with the sanction of the council.

47.—(1) Every Council shall in the transaction of its business and the carrying out of its functions do all things necessary or expedient to protect adequately its property and assets and property in its custody, and to control its expenditure so as to ensure that all payments out of its funds are properly authorised and correctly made.

(2) Every Council shall keep proper accounts and records which shall be kept in such manner as may be directed by the Minister but so that—

(a) a general account shall be kept and credited with all moneys not required by this Act or otherwise to be carried to any other account and debited with expenditure in payment of the general debts and liabilities of the Council which are not included in any special appropriation and of the general expenses incident to the administration of this Act and the affairs of the municipality;

(b) separate accounts shall be kept of all monies raised or levied for or appropriated or allocated, to or held for any special purpose.

48. If the balance in any of the separate accounts referred to in paragraph (b) of section 47 is at any time insufficient to meet the lawful charges thereon, the council may, subject to the approval of the Minister, transfer such sums as are necessary from the general account to meet such charges and may at any time repay such advances out of any excess in the receipts over the liabilities of any such account, but no transfer shall be made from any one to any other of such separate accounts:

Provided that the Minister may exempt any municipality from the necessity to obtain his approval before a transfer takes place from the general account under the provisions of this section.

49. The council may, with the approval of the Minister, from time to time transfer to the general account any cash surplus remaining to the credit of any separate account which the council is obliged or authorised by law to keep showing the moneys accruing from any public works or trading undertakings executed, maintained or carried on by the council or may transfer the whole or any part of such surplus to a separate account for the maintenance or renewal of such works:

(a) no moneys shall be so transferred until due provision has been made for all sums with which the separate account is by law chargeable and for the payment out of the separate account of the interest or interest and sinking fund of any loan raised in connection with the works or undertaking to which the separate account relates;

(b) the Minister may exempt any municipality from the necessity to obtain his approval before a transfer under the provisions of this section takes place.

50. Any elector or person holding any security charged upon the property of a council may inspect the accounts and minutes of the council and take copies from any part thereof at all reasonable times.

51.—(1) The accounts of every council shall be audited by an auditor who shall, unless the Minister otherwise directs, be the Auditor-General

(2) No member of a council may be appointed an auditor for the council of which he is a member.

(3) The appointment of an auditor shall be in respect of the account of one financial year, but his appointment may be renewed from year to year.

52.—(1) For the purpose of any audit, an auditor may by notice in writing require any person holding or accountable for any books, records, accounts, vouchers, deeds, contracts or other documents which he may require for the purpose of such audit or examination to appear before him at the time and place specified in the notice and to produce any such document as aforesaid for his inspection.

(2) Any such person who fails without reasonable cause to appear and produce any such document when required so to do shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

53. If the auditor finds the account or statement submitted for audit to be erroneous or deficient in any particular, he shall—

(a) report thereon, and forward a copy of his report and findings, to the Minister; and

54. The auditor shall, in respect of the accounts for the full financial year, satisfy himself—

(ii) the value of assets has, so far as the auditor can judge, been in all cases fairly stated;

(iii) due diligence and care has been shown in the collection and banking of income;

(iv) the expenditure incurred has been duly authorised, vouchered and supervised;

(v) any of the moneys or other properties of the council have been misappropriated or improperly or irregularly dealt with; and

(b) as to any other matters which in his judgment call for special notice or are prescribed.

55. The auditor may at the expense of the council obtain and act upon legal opinion on a question arising in the course of an audit.

56. A council may, with the approval of the auditor, destroy used or obsolete receipt books, bank pass books or statements, cheque books, registers, cash books and documents relating to the accounts of the municipality if they have not been in use for more than six years.

57.—(1) An annual statement showing the financial position as regards the general and special accounts of the municipal fund in a form approved by the Minister shall be prepared by the council on or before 31 May in every year showing the assets and liabilities of the council on 31 December immediately preceding and the income from all sources and expenditure during the immediately preceeding year.

(2) The annual statement prepared by the council shall be audited and if found correct shall be certified by the auditor as correct.

(3) On or before 31 August in every year the council shall cause to be published in an English language newspaper published in Fiji and circulating within the municipality—

(a) a balance sheet and a summarised statement of income and expenditure of the council on 31 December immediately preceding, together with any report by the auditor thereon; and

(b) notification that any ratepayer or any person holding any security charged upon the property of the council may, at all reasonable times inspect, at the council's office, the full annual statement as certified by the auditor and the council's annual report prepared pursuant to the provisions of section 19 and may take copies from any part of the statement or report.

58. A council may from time to time make and levy a general rate not exceeding in any one year 10 cents in the dollar on the unimproved value of all rateable land within the municipality assessed in accordance with the provisions of this Act.

59.—(1) A council may make and levy special rates in all or any part of the municipality for the purpose of undertaking any works or services which may be lawfully undertaken by the council or for the payment of interest and sinking fund of any loan raised by the council for such purposes:

(a) such special rates so levied shall not in the aggregate exceed 5 cents in the dollar on the unimproved value of any rateable land within the municipality;

(b) where a special rate is levied in respect of part only of a municipality, it shall be known as a local rate, and the purpose of such rate shall be for the undertaking of any works or services in or for the benefit of such part only.

(2) A council may by notice in the Gazette from time to time define any area of the municipality within which a special rate may be levied under the provisions of subsection (1).

(3) Moneys raised on a special rate shall be accounted for separately in the books of the council and such moneys shall not be used for any other purpose than that for which the rate is imposed.

60.—(1) All land, including Crown land, within a municipality shall be rateable land for the purposes of this Act:

(b) lands used exclusively for the purpose of recognized or registered schools or of other educational institutions, not run for profit, certified to be such by the Minister responsible for education;

(c) lands used for the purpose of hospitals, maintained out of public funds or other medical institutions, not run for profit, approved by the Minister responsible for medical services for this purpose;

(d) lands used for the purpose of mental homes or mental hospitals and orphanages not run for profit;

(h) lands used exclusively by registered charitable institutions for public charitable purposes;

(i) lands used for purposes which the Minister may by notification in the Gazette specify.

(3) Notwithstanding the provisions of subsection (1), any land which has been assessed for general rates for a particular year and which, under such provisions, has become exempt from general rates during the course of that year shall not become so exempt until 1 January then next succeeding.

61.—(1) Subject to the provisions of section 60, every rate made and levied by a council under the provisions of this Act shall be assessed at a uniform amount upon all rateable land within the municipality or within that area of a municipality to which the rate applies.

(2) The rate levied under the provisions of subsection (1) shall be assessed upon the unimproved value of such land.

62.—(1) Where upon the application of the person liable for payment of the rate a council is satisfied that any piece of agricultural land within a municipality being separately rateable is not fit or ready for subdivision for building purposes and is not likely to be required for such purposes within any reasonable time, the council shall by resolution reduce the rate payable in respect of such land to such amount as is fair and reasonable in the circumstances.

(2) An applicant aggrieved by any decision of the council under subsection (1) may appeal to the Minister who may confirm, vary or reverse the decision of the council.

63. For the purpose of ascertainment of unimproved value under the provisions of this Act "unimproved value" means the capital sum which the land, if it were held for an estate in fee simple unencumbered by any mortgage or charge thereon, might be expected to realise at the time of valuation or revaluation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require and assuming that the improvements, if any, thereon or appertaining thereto had not been made.

64.—(1) For the purpose of ascertaining and determining the unimproved value of rateable land, every council shall cause a valuation hereinafter called a general valuation, of all such land to be made at least once in every six years.

(2) A general valuation shall not be invalid by reason of the fact that any rateable land has been erroneously omitted from a valuation.

(3) The council may at any time cause a valuation to be made of any rateable land where—

(a) such land has been erroneously omitted from the most recent general valuation; or

(b) such land was not rateable at the date of the most recent general valuation; or

(c) there has been any alteration in the unimproved value of the land since the last general valuation by reason of—

(i) the existence of any street which has since the time of such valuation been declared to be a street by the council; or

(iii) the sale or letting since the time of such valuation of any land on which work has been done to bring it into a condition suitable for building; or

Provided that a council shall cause a valuation to be made under this paragraph on being so requested by the person liable for payment of the rates in respect of the land.

(3A) Where a valuation under paragraph (c) of subsection (3) is made on the application of the person responsible for payment of the rates in respect of the land, the expenses of such valuation shall be met by the person who applied therefor.

(4) The Council may at any time cause a valuation to be made of any rateable land where the unimproved value of the land has for any reason decreased since the most recent general valuation.

(5) Any valuation made between general valuations shall be made on the basis of values subsisting as at the date of the last preceding general valuation so that the new valuation will preserve uniformity with existing rateable values of comparable parcels of land.

65.—(1) For the purposes of valuation, a council shall appoint a valuer approved by the Minister, and, if necessary, an assistant valuer. The assistant valuer shall have all the powers and may exercise the duties of the valuer.

(2) Any valuer who wilfully makes or returns a valuation not impartial or not true according to the best of his judgement or not according to the provisions to this Act shall be guilty of an offence and liable on conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(3) Every valuer shall, for the purpose of making a valuation, have power to enter at all reasonable hours in the day time into and upon all rateable property.

(4) For the purpose of making a valuation of the land in an area proposed to be constituted into a municipality under the provisions of sections 5 or 6 or in any area proposed to be incorporated into an existing municipality the valuer shall have the same power to enter upon land including all buildings and other structures or property thereon as is specified in the subsection (3).

(5) A valuer may put to any person in occupation or charge or being the owner of any rateable property which such valuer is authorised under the provisions of this Act to value, questions upon all such matters as shall be necessary for the purpose of making such valuation with regard to such property, and if after being informed by such valuer of his purpose in putting such questions and of his authority under this Act to put the same, any such person in occupation or charge or any such owner refuses or wilfully omits to answer the same to the best of his knowledge and belief, or wilfully makes any false answer or statement in reply to any such question, such person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.

66.—(1) All valuations made under the provisions of this Part shall be entered in a rate book to be kept for the purpose together with such particulars of the rateable land as the council may determine.

(2) Subject to the other provisions of this Act, a valuation when entered in the rate book shall be the value of the land upon which all rates made by the council shall be assessed and shall remain in force until the land is again valued under the provisions of section 64. All rates so assessed shall be entered in the rate book.

(3) The rate book shall be open to the inspection of the public at all reasonable times and the owner or occupier of rateable land and or his agent may take copies of the entries relating to such land without fee.

67. The council shall cause to be published twice in a newspaper published in Fiji and circulating in the municipality a notice informing all persons interested in the fact that a general valuation has been made and entered in the rate book and shall in such notice declare a date not being less than one month after the last of such publications before which appeals may be brought against the valuation of any rateable land.

68.—(1) An alteration or amendment in the rate book may be made in respect of any rate by—

(a) inserting the name of any person claiming and entitled to have his name inserted as owner or lessee, as the case may be;

(b) inserting the name of any person who ought to have been rated or who has since the making of the rate become liable to be rated;

(d) raising or reducing the sum at which any person has been rated when it appears to the council that owing to any error in entering the rate in any rate notice or in the rate book or in transcribing any figures from any valuation book, a person has been under-rated or over-rated;

(e) inserting any land which ought to have been rated and the necessary particulars in respects thereof;

(f) making such other alterations or amendments as will make a rate conformable to the provisions of this Act.

(2) Any alteration or amendment made under the provisions of subsection (1) shall not be held to avoid the rate.

(3) Any alteration or amendment in the rate book made under the provisions of subsection (1) shall have effect upon adoption by the council as though it were made when the rate was made.

(4) Notice of any alteration or amendment in the rate book shall be given to the person affected thereby and every such person aggrieved by such alteration or amendment which affects the rateability of the land shall have the same right of appeal therefrom as he would have had if the alteration or amendment were a valuation.

(5) Every person whose rate is altered or amended or who by any alteration or amendment has become rated in respect of any land, shall be entitled to receive one month's notice of the alteration or amendment before the rate is due and payable by him.

(6) Nothing contained in this section shall affect any alteration or amendment made on an appeal from any valuation.

(7) Where any land has been subdivided and a portion sold or let the valuation of the land and any unpaid rates may be apportioned accordingly by the council on the recommendation of the valuer.

(8) Apportionments made under subsection (7) shall for the purpose of appeal be deemed to be valuations.

(9) It shall not be necessary to publish in a newspaper apportionments made under subsection (7) but a notice of such valuation shall be served upon the owner in such manner as may be prescribed and such notice shall specify that an appeal may be brought against the valuation within one month of the date of service.

69. Whenever the name of any owner or person liable to be rated under this Act is not known to the council, it shall be sufficient to rate such owner or person in the rate book by the designation of "the owner" without stating the name.

70.—(1) The council or any person aggrieved by a valuation made under the provisions of this Part may appeal against such valuation to a resident magistrate.^[2] The valuer who made the valuation shall be the respondent to the appeal and the council, where the appellant is other than the council, and the owner, where the owner is other than the appellant, may also appear as respondents.

(2) Every appeal shall be made by filing with the court before the date declared by the notice published in accordance with the provisions of section 67, a written memorandum of appeal stating the grounds upon which the appeal is made and where the appellant is other than the council there shall be annexed to the memorandum a copy of the notice required by the provisions of subsection (3) to be delivered to the council

(3) Where the appellant is other than the council he shall, at least seven days before a memorandum of appeal is filed with the court, serve on the town clerk and any respondent a notice in writing of the intended appeal stating the grounds thereof.

(5) On an appeal under the provisions of this section, the court shall, as it thinks just, either confirm the valuation or direct the rate book to be altered to give effect to the contention of the appellant as far as that contention appears to the court to be well founded.

(6) The provisions of the law relating to the trial of a civil action in a magistrate's court shall apply in so far as they may be applicable to the hearing of an appeal under the provisions of this section and the magistrate shall have and may exercise all the jurisdiction and powers conferred upon him by such law.

(7) The town clerk shall make such amendments to the rate book as may be necessary to make to conform with the decision of the court.

(8) An appeal shall not prevent the recovery of any rate until such appeal shall have been decided, but where an alteration in the rate book is made by the court which affects the amount levied in respect of the property the difference, if too much has been paid, shall be repaid or allowed, or, if too little has been paid, shall be paid and may be regarded as if it were arrears of rates but shall not attract interest.

(9) A valuer shall be reimbursed by the council, whether or not the council appears or is appellant or respondent, for all costs and expenses incurred by him under an appeal under the provisions of this section and not recovered from any other party to an appeal unless he has in respect of the valuation the subject of the appeal been guilty of an offence under the provisions of subsection (2) of section 65.

71. Where any court holds that a valuation of any rateable land is invalid for any reason, except that the land is not rateable, and the decision of the court does not determine the correct valuation, the council may cause a fresh valuation to be made in place of the valuation held to be invalid. For the purpose of notice and appeal such valuation shall be dealt with as in the case of an alteration or amendment made under the provisions of section 68.

71A. In this Part "registered lease" means a lease or licence granted by the Native Land Trust Board under the Native Land Trust Act or by the Director of Lands under the Crown Lands Act, and "registered lessee" means the lessee or licensee under any such lease or licence.

72. The council shall cause to be published twice in a newspaper published in Fiji and circulating in the municipality a notice of the amount of any rate made by the council and such notice shall in the case of a special or local rate specify the area to which such rate applies and the purpose for which it has been made.

73.—(1) After a rate has been made and notified in accordance with the provisions of this Act, it shall be the duty of the council to serve upon every owner of rateable property in the municipality and upon every registered lessee of such property which is the subject of a registered lease as defined in section 71A a demand note stating—

(e) the time or times of payment, being not less than thirty days after the service upon him of the demand note.

(2) The council may resolve that rates may be paid by instalments in which case the demand note shall state when each instalment is due and payable.

(3) The liability of any person for rates shall not be affected by reason only of the fact that notice has not been given to such person.

73A.—(1) A council may resolve that an allowance by way of discount of such amount not exceeding 7 per cent as may be specified in the resolution shall be granted to any person who pays the amount of rates due by him either—

(b) by instalments in terms of a resolution of the council under subsection (2) of section 73,

(2) The Minister may by order vary the maximum amount of discount which may be allowed by a council under subsection (1).

74. The Minister responsible for finance may, in his discretion, direct the payment from the Consolidated Fund in each year to a council, in lieu of general or special rates on Crown land not leased or licensed to any person situated within the municipality, such sums of money as may be voted by Parliament not exceeding the amount which would have been payable if such land had been assessable to rates.

75.—(1) Subject to subsection (1A), rates assessed and recorded in a rate book together with the costs of proceedings, if any, for the recovery of such rates shall be a first charge on the land rated and shall be recoverable by the council from—

(b) a person who, whilst rates are or remain unpaid, becomes the owner of the whole of the land rated or the owner of part of the land rated as to the rates on that part only,

but a person who by virtue of any written law relating to bankruptcy or insolvency or the winding up of companies, has become the owner of rateable land in the capacity of a trustee or liquidator shall not on that account be personally liable to pay, out of his own moneys or otherwise than out of the estate in his hands, rates already due on the land when he became the owner in that capacity or rates which became due on the land while he was owner in that capacity.

(1A) Subsection (1) so far as it has effect to create a first charge on the land rated shall not apply to land which is the subject of a registered lease as defined in section 7A and in relation to such land the rates and cost referred to in that subsection shall be recoverable from the registered lessee instead of the owner or other person referred to in the subsection.

(2) If any person without the permission of the council knowingly or wilfully removes from or demolishes or destroys a building or a structure on the land which is the subject of a charge under the provisions of this section he shall commit an offence and be liable on conviction to a fine not exceeding $200.

76. If a mortgagee of rateable land pays rates levied under the provisions of this Act in respect of such land, the amount so paid by the mortgagee shall become part of and be added to the principal sum due to him under the mortgage and shall be recoverable as such with interest accordingly.

77. An unsatisfied judgment or order of the court for the recovery of rates from a person shall not be a bar to the recovery of such rates from another person liable to pay them under the provisions of this Act.

78.—(1) A council may recover rates which have been levied under the provisions of this Act and are payable to the council and payment of which are in arrear and also the costs of proceedings, if any, for their recovery from a person liable to pay them, by action at the suit of the council in a court of competent jurisdiction.

(2) Any rates which are overdue shall bear interest at the rate of ^[3]7 per cent per annum and such interest charged shall be included in the expression "rates"; the Minister may by order vary the rate of interest.

(3) Rates due by the same person to the council may be included in one writ, summons or other process.

(a) where payment is to be made otherwise than by instalments, on the expiration of thirty days from the date of service of the demand note;

(b) where payment may be made by instalments in terms of a resolution of the council under subsection (2) of section 73, on the expiration of fourteen days from the due date of each instalment.

79. In proceedings by or on behalf of a council for recovery of an amount due in respect of rates, failure by the council to comply with the provisions of this Act in respect of such rate shall not be a defence when it appears that the council had the power to levy and did in fact assent to the levying of the rate.

80. A council may, in case of hardship, with the approval of the Minister write off rates which have been levied and any interest payable thereon in respect of rateable property, payment of which rates or interest is in arrear.

"lease " includes an agreement whether made orally or in writing for the leasing or sub-leasing of premises and includes a licence or arrangement for the use of premises but does not include a registered lease as defined in section 71A;

"lessor" and "lessee" mean the respective parties to a lease and their respective successors in title or assigns;

"rent" means the annual consideration in money or money's worth derived under the lease and passing to the lessor from the lease.

(2) If payment of rates levied by a council in respect of any land is in arrear, the council may give notice to the lessee thereof requiring the lessee to pay to the council the rent, if any, accrued due and the rent as it accrues due under the lease until the amount of the arrears of rates has been paid and the council shall serve on the lessor a copy of such notice informing him that the original thereof has been served on the lessee.

(3) On receipt of the notice referred to in subsection (2), the lessee shall pay to the council the rent, if any, accrued due and shall continue to pay to the council rent as it accrues due under the lease to such extent as is necessary to satisfy the amount of the outstanding rates.

(4) If, after receiving the notice, the lessee pays the rent otherwise than to the council while payment of the rates is in arrear, he shall commit an offence and shall be liable on conviction to a fine not exceeding $50 and may be ordered to pay the amount of any rates so in arrear to the council.

(5) If, after receiving a copy of the notice, the lessor receives the rent from, or paid on behalf of, the lessee while payment of the rates is in arrear and does not within seven days of the receipt thereof pay to the council the amount of rates in arrear, he shall commit an offence and shall be liable on conviction to a fine not exceeding $50 and may be ordered to pay the amount of any rates so in arrear to the council.

(6) The prosecution of an offence under the provisions of either subsection (4) or subsection (5) shall not affect the power of the council to recover the rates.

82.—(1) Where a lessee, required to pay rent to the council under the provisions of section 81, pays the rent to the council accordingly, and as between himself and his lessor, the lessor is bound to pay the rates, the lessee may set off the amount so paid to the council against the rent payable by him to his lessor.

(2) If the amount so paid to the council exceeds the rent due, or if there is no rent due, the lessee may set off the amount so paid against the accruing rent or recover the balance from his lessor in a court of competent jurisdiction.

(3) The receipt of the town clerk or of any person authorised by him in that behalf shall be a discharge of rent to the amount shown in the receipt and shall be evidence of payment of that amount to the council.

83. To the extent that an agreement purports to preclude a lessee from setting off, or recovering payments or the balance of payments made to a council under the provisions of section 82, such agreement shall be of no effect.

84. Where money is paid to a council in respect of rates, the council shall apply such money for or towards the rates due on the rateable property in the order in which they became or become due.

85. If, on the request of the council, or a servant or agent of the council authorised by the council in that behalf—

(a) the occupier of property or the agent of the owner refuses or wilfully omits to disclose or wilfully mis-states to the council, or its servant or agent making the request, the name of the owner or of the person receiving or authorised to receive the rents of the property or the name of the registered lessee; or

(b) a person receiving or authorised to receive the rents of the property refuses or wilfully omits to disclose or wilfully mis-states the name of the owner of the property,

he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.

(a) the person liable to pay rates and the transferee in any case where the person so liable transfers his estate or interest in rateable land;

(b) the mortgagee of rateable land in any case where under the provisions of the mortgage he enters into possession of the land;

(c) the trustee, executor or administrator of the estate or interest in rateable land of a deceased person,

shall within one month of such transfer, entry into possession, grant of probate or letters of administration, as the case may require, give notice thereof to the town clerk.

(2) Subject to the provisions of paragraph (b) of subsection (1), it shall not be necessary for a mortgagee to give notice of any mortgage nor of the discharge thereof.

87. Where payment of rates imposed is in arrear, the council may in accordance with the provisions of any written law which authorises the lodging of caveats, lodge a caveat to preclude dealings in respect of land not being land which is the subject of registered lease as defined in section 71A and may withdraw caveats so lodged by it, but the express inclusion of this right shall not prejudice or otherwise affect the right of a council under any written law to lodge and withdraw caveats in respect of any other charge upon or interest in land or other property.

88.—(1) Every council shall do all such things as it lawfully may and as it considers expedient to promote the health, welfare and convenience of the inhabitants of the municipality and to preserve the amenities or credit thereof.

(2) The provisions of this Act relating to the powers and duties of councils are in addition to, and not in derogation of, the provisions of any other written law relating to such powers and duties and in the exercise of their powers and the performance of their duties in relation to any matter for which provision is made by any other law, a council shall act in conformity therewith.

89. Where, by the provisions of any written law in force at the commencement of this Act, a duty is imposed or a power conferred upon the local authority of a town or township by whatever name such local authority is described, such power or duty shall be deemed to have been imposed or conferred upon a city or town council constituted under the provisions of this Act, as may be appropriate.

90. A council may, with the approval of the Minister, whether alone or in conjunction with the Government or any other statutory public body and whether within or without the boundaries of the municipality—

(a) promote or establish and maintain public utility services including public transportation;

(b) construct or maintain any public works which in the opinion of the council may be necessary or beneficial to the municipality;

(c) contribute to the cost of the matters referred to in paragraphs (a) and (b).

91.—(1) A council may for the purpose of any of its functions under this or any other law by agreement, acquire, whether by way of purchase, lease, or exchange any land whether situate within or without the boundaries of the municipality.

(2) Subject to the provisions of any written law relating to town planning and the subdivision of lands and to the consent of the Minister, a council may—

(a) acquire whether by way of purchase, lease, exchange or otherwise, any land whether situate within or without the boundaries of the municipality and lay out building plots upon or otherwise subdivide such land for the purpose of housing schemes or for the purpose of factory, residential, commercial, industrial, business, workshop or recreational sites or build houses for its employees or factories, houses, commercial, industrial and business premises and workshops for letting to persons approved by the council; and

(b) sell, let or otherwise dispose of any plots or subdivisions of land and any buildings thereon.

92. Subject to the provisions of subsection (2) of section 91, a council may let any land which it may possess—

93. Subject to the provisions of subsection (2) of section 91, a council may, with the consent of the Minister—

(a) sell any land which it may possess and which is not required for the purpose for which it was acquired or is being used; or

(b) exchange any land which it may possess for other land, either with or without paying or receiving any money for equality of exchange.

94. If a council is unable to purchase by agreement and on reasonable terms suitable land for any purpose for which it is authorised to acquire land, the council may represent the case to the Minister and if the Minister is satisfied, after such inquiry, if any, as he may deem expedient, that suitable land for the said purpose cannot be purchased on reasonable terms by agreement and that the circumstances are such as to justify the compulsory acquisition of the land for the said purpose and that the said purpose is a public purpose within the meaning of the Crown Acquisition of Lands Act, he may authorise the council as an acquiring authority to apply to the Supreme Court under the provisions of that Act for an order authorising compulsory acquisition of the land in which case the provisions of such Act shall apply.

95.—(1) Subject to the provisions of sections 96 to 105, inclusive, and in accordance with a housing scheme, a council may, within or outside its area, and whether on its own or in collaboration with any statutory or other authority or organisation, provide dwelling-houses for eligible persons and such other buildings as may be necessary for the purpose of such a housing scheme.

(2) For the purpose of housing schemes, the council may borrow any sum or sums, not exceeding in the aggregate such amount as the Minister responsible for finance may determine, over and above the amount which the council is otherwise authorised to borrow under the provisions of this or any other Act.

(e) alter existing drains and sewers and construct new drains and sewers thereon;

(f) lay out, plant and beautify any part of the land or otherwise make the same suitable for gardens or recreational purposes;

(g) maintain in good repair any buildings, dwelling-houses, or erections on the land; and

(h) generally alter, re-model and improve land or any part thereof and any dwelling-houses, buildings or other erections on the land.

97.—(1) Notwithstanding the provisions of sections 92 and 93, a council may sell or let to any eligible person a dwelling-house together with the land on which such dwelling-house is constructed in any housing scheme.

(2) The council may let such dwelling-house for such period and subject to such covenants and conditions and upon such rent and upon such other terms as the council shall think fit.

(3) No tenant shall be permitted to sub-let any such dwelling-house without the written consent of the council.

98. The total capital cost to the council of any dwelling-house which, pursuant to the housing scheme is sold or let by the council to any eligible person, together with the cost of the land on which the dwelling-house is erected, shall not exceed the maximum amount for the time being determined in that behalf by the Minister and applicable to such house and the Minister may determine different maximum amounts in respect of different classes of house, according to size, materials used in the construction and the method of construction.

99. The following provisions shall apply to the sale, pursuant to a housing scheme, of any dwelling-house together with the land on which it is constructed:—

(a) the sale may be upon such terms and subject to such covenants and conditions and the payment of such cash deposit, if any, as shall be prescribed or are fixed by the council;

(b) the price shall not exceed the capital cost to the municipality of the dwelling-house and land;

(c) the purchaser shall be permitted to occupy the dwelling-house and the land as a weekly tenant and shall pay therefor a rental at such rate per cent per annum on the capital cost thereof, or where the council has required the payment of a deposit on the difference between the capital cost and the amount of the deposit paid as may be determined by the council and approved by the Minister and the purchaser shall also pay all rates and taxes and the cost of insurance, repairs and maintenance;

(d) the council shall appropriate a sum from the rental to cover interest at such rate per cent per annum as may be determined by the council and approved by the Minister on the amount of the capital cost from time to time outstanding and shall allot the remainder of the rental towards the payment of the capital cost;

(i) has paid in reduction of the purchase price a sum amounting to not less than 20 per cent of the purchase money;

(ii) has paid to the council the amount due from him up to that time by way of instalments; and

(iii) has complied to the satisfaction of the council with the covenants and conditions contained in the contract of sale,

he may, if he so desires upon giving to the council notice in writing of his intention so to do, execute in favour of the council a mortgage in such form as the council shall require for the balance of the purchase money and thereupon he shall be entitled to obtain from the council a transfer of the land, but except as in this paragraph provided, he shall not be entitled to obtain from the council a transfer of the land unless he has paid the full amount of the purchase money and has complied, to the satisfaction of the council, with the covenants and conditions contained in the contract for sale;

(f) the cost and expenses of any transfer of mortgage executed in pursuance of the provisions of this section shall be borne by the purchaser;

(g) so long as any land and dwelling-house is subject to a contract of sale, mortgage or other security, the council may at any time make additions and improvements to such dwelling-house or may repair, renovate, alter or enlarge the same and the amount expended thereon with interest shall together with the unpaid balance of the purchase money of the dwelling-house be and, until paid, remain a first charge thereon and, in order to provide for the repayment of such expenditure and interest, the weekly rental may, without prejudice to any remedy or proceeding for the recovery or enforcement of the amount so expended and interest thereon, be increased by such amount spread over the remainder of the period in respect of which the rental shall continue as determined by the council:

Provided that the unpaid balance, together with the amount expended pursuant to this paragraph shall not exceed the maximum amount for the time being prescribed under the provisions of section 98 and applicable to such house.

100. In cases of hardship, the council may extend for such period and on such terms and conditions as it thinks fit, the time for making any payment required by the provisions of section 97 or 99.

101. The council may compound and agree with any person who has entered into any contract in pursuance of or under the authority of section 97 or 99 or against whom any action or suit is brought for any penalty contained in the contract or in any bond or other security for the purposes of the contract or for or on account of any breach or non-performance of the contract, bond or security for a sum of money or other consideration as the council shall think proper.

102.—(1) As between the council and the purchaser with respect to the land and dwelling-house forming the subject of a contract of sale, mortgage or other security, the following conditions shall be imposed so long as any money due to the council under such contract of sale, mortgage or other security, shall remain unpaid:—

(a) the land and dwelling-house shall not be sub-let or mortgaged by the purchaser without the prior consent in writing of the council; and

(b) every lease, sub-lease, mortgage or agreement entered into or made in contravention of the provisions of this section shall be void and of no effect.

(2) If the purchaser lets, sub-lets or mortgages the land and dwelling-house or any part thereof in contravention of the provisions of this section, the council may cancel the contract of sale and, in its discretion, forfeit the instalments previously paid by the purchaser.

103. When the purchaser's title to any land and dwelling-house over which the council holds a mortgage in pursuance of section 99 is divested from him under any written law relating to bankruptcy or insolvency, the council may cause his estate and interest in the land and dwelling-house to be sold at such time and place and in such manner and on such terms and conditions as it shall think fit.

104.—(1) So long as any land and dwelling house is subject to a contract of sale, mortgage or other interest in accordance with the provisions of section 99, a transfer of such land or dwelling house or of any estate or interest therein shall not have any force or effect unless it—

(a) arises through the operation of any written law relating to bankruptcy or insolvency;

(b) is made to a devisee by a person acting in the capacity of executor or administrator of the estate of the purchaser; or

(a) may from time to time advance any moneys required out of the municipal fund;

(b) shall once in every year prepare a separate balance sheet and statement of accounts setting out full particulars of the operation of the scheme.

106.—(1) The council may sell or let to any person any building, other than a dwelling-house, on any land included in any housing scheme for such period and subject to such exceptions, reservations, covenants and conditions and at such rent and on such terms as the council shall think fit.

(2) No tenant of any building referred to in subsection (1) may sub-let any such building without the written consent of the council.

(3) On the sale of any building referred to in subsection (1), the council may take such securities for the payment of any balance of purchase money and interest thereon or allow such period for the payment of the sum as it shall think fit.

107. All streets declared by a council to be streets within the boundaries of a municipality and the soil thereof and all materials of which they are composed shall, by force of this Act, vest in fee simple in the council of such municipality.

108. Except as provided by section 110, every council shall be responsible for care, maintenance, repair and control of streets within the municipality.

109.—(1) A council may, subject to the provisions of any other law for the time being in force, after such public notice as may be prescribed—

(2) A council may, if necessary or expedient for the purpose of the exercise of its functions under this Act temporarily stop up or divert the traffic upon any street.

(3) A council may name or alter the name of any street and may number the buildings therein.

(4) Where a street is declared by a council not to be or no longer to be a street—

(b) the declaration shall not affect the title of the council in the land comprising the street and such land may be disposed of under the powers conferred on the council by the provisions of section 93.

110. Where any land has been or is at any time dedicated by the owner as a road or street by an instrument in writing deposited with the Registrar of Titles, the following provisions shall have effect:—

(a) where the road or street (including any footways, drains, or other works required by the council) is laid out, made up and formed to the satisfaction of the council, the council shall declare such road or street to be a street;

(b) the council may lay out, form and make up the road or street (including any footways, drains or other works required by the council) to their own satisfaction or may, where work has already been done to the road or street, do any additional work required to lay out, form and make up the street to their satisfaction as aforesaid and thereupon the council shall declare such road or street to be a street;

(c) the provisions of section 108 shall not apply to such road or street until it has been declared by the council to be a street in accordance with the foregoing provisions;

(d) if the road or street is not required as such, the council may with the approval of the Minister, declare such street not to be a street for the purposes of this Act and the provisions of subsection (4) of section 109 shall apply thereto.

111. A council may, with the approval of the Minister, make by-laws prescribing the minimum standards to which roads or streets are to be laid out, made up and formed before such council shall declare any such road or street to be a street:

Provided that any road or street declared to be a public road under the provisions of any Act relating to roads and which is of a standard not less than that prescribed in such by-laws shall be taken over by the council and shall be maintained to the standard required under the provisions of this Act.

112.—(1) Where upon any plan deposited with the Registrar of Titles prior to the 25 July 1933 any land is shown as a street, road or road reserve and a dedication in writing of such land as a road or street has not been deposited with the Registrar of Titles and such land is not for the time being under the management and control of the council, the council may request the Minister to declare that such land has been dedicated as a road or street.

(2) The Minister may declare such land or any part thereof in respect of which he is satisfied, as hereinafter provided, to have been dedicated, as a road or street.

(3) Before making a declaration under subsection (2), the Minister shall be satisfied after such inquiry as he deems fit that private rights of ownership or occupation were not at that time being exercised over the land or part thereof to which the declaration relates.

(4) The provisions of section 110 shall apply to land which is the subject of a declaration under this section.

(5) Where a declaration is made under this section the Minister shall send a copy of the notice to the Registrar of Titles and the Registrar of Titles shall enter a memorial of the declaration in the register and on the duplicate certificate of title or grant.

Power of Minister to declare streets on Crown land to be vested in the council

113. The Minister may, with the consent of the council concerned, by notification in the Gazette, declare that any piece of Crown land described in such notification and being within a municipality vests as a street in the council and from and after the date of such notification such land shall vest in fee simple in the council.

114. Any person who, in the course of any work obstructs a street without taking adequate precautions to prevent danger being caused thereby to persons lawfully using the street shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 without prejudice to the right of any person to take proceedings for damages or compensation in respect of any injury caused thereby.

(a) encroaches on a street by making or erecting any building, fence, ditch or other obstacle or work of any kind upon, over or under the street or planting any tree or shrub thereon;

(c) digs up, removes, or alters in any way the soil or surface or scrapings of a street;

(d) allows any water, tailings, or sludge or any filthy or noisome matter to flow from any building or land in his occupation on to a street;

(e) causes or permits any timber or other heavy material not being wholly raised above the ground on wheels to be dragged on to a street;

(f) allows any retaining-wall, foundation, well, or fence, or slope of earth, or any building, erection, material or thing to give way or fail so as to injure or obstruct any street; or

(g) does or causes or permits to be done any act whatsoever by which any injury is done to any street or any work or thing in, on or under a street,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 for every day upon which such offence is committed or suffered or continued:

Provided that no penalty shall be imposed unless the information or complaint is laid by authority of the council or some officer thereof duly authorized in writing in that behalf by the town clerk.

(2) The council may, by order in the prescribed form directed to and served upon any person causing any encroachment or obstruction in contravention of the provisions of subsection (1), require that person to remove such encroachment or obstruction:

Provided that where such person is not known, the council may serve such notice by affixing such order to the encroachment or obstruction or on any part of the land adjacent thereto.

(3) If any person fails to comply with any order issued under the provisions of subsection (2), the council may cause the encroachment or obstruction to be removed and may recover from such person the costs and expenses incurred in such removal and all costs and expenses incurred in repairing or making good any injury done to any street by reason of such encroachment or obstruction.

Council may recover expenses for repairs to streets damaged by excessive weight

116. Where damage is caused to a street as a result of an unusual or excessive load being dragged or conveyed thereon and extraordinary expenses are incurred by the council in repairing the damage so caused, the council may recover such expenses as a debt from any person responsible therefor.

117. It shall be lawful for a council by notice in writing to require the owner or occupier of any land abutting upon a street—

(a) to cover, enclose, or fill any hole, well, excavation or other place which in the opinion of the council is dangerous to persons using the street;

(b) to remove, lower, or trim to the satisfaction of the council any tree or hedge overhanging such street in cases where, in the opinion of the council, such removing, lowering, or trimming is necessary in order to prevent injury to the street or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto;

(c) to cut down or grub up as the council directs and remove all obstructions to traffic or the spreading of roots upon or under such street up to the middle line thereof along the whole frontage of the land occupied or owned by him;

(d) to remove any matter or thing fronting a street where such matter or thing is unsightly or constitutes a disfigurement of the locality.

118.—(1) Within ten days after service of any order under the provisions of section 117, the occupier or owner may by summons require the council to appear before a magistrate to show cause why the order should not be set aside.

(2) On the hearing of the summons, the magistrate shall determine whether the order should or should not be set aside and in the former case the order shall be void.

(3) In the case of an order which is not set aside as aforesaid, if the owner or occupier fails to do any such act in compliance therewith within two months from the service thereof or within two months after the hearing of the summons, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2 for every day thereafter during which failure continues, and the council may enter on the land and do such act and recover the cost from him.

(4) The provisions of the law relating to the trial of a civil action in a magistrate's court shall apply in so far as they may be applicable to the hearing of a summons under the provisions of this section and the magistrate shall have and may exercise the jurisdiction and powers conferred upon him by such law.

119.—(1) The council or any person authorized by it may maintain, clear and cleanse any public drain, surface drain, ditch, creek, watercourse, culvert or channel within the municipality.

(2) The council or any person authorized by it may dig, construct or lay any drain, sewer, culvert, ditch or waterway required for the better sanitation of the municipality.

(3) For the purposes of this section, the council or any person authorized by it may, subject to the provisions of section 8 of the Constitution enter any private lands and dig, lay or construct any drain, sewer, culvert, ditch or waterway that may be required for the better sanitation of the municipality.

(4) The council or any person authorized by it shall pay reasonable compensation for any damage to fences, crops, trees or other property caused by work done under the provisions of this section and shall take all reasonable precautions to minimize the extent of such damage.

(5) Nothing in this section shall authorize a council to do any construction or other work on or over or under a public road or sufficiently near to a public road to occasion damage to such road without the written approval of the Permanent Secretary for Works or any person authorized by him.

120.—(1) No drain shall be deemed to be a public drain until it has been declared by the council to be a public drain and thereupon any such drain shall vest in the council for an estate in fee simple.

(2) Before a drain is declared to be a public drain, such drain shall be properly constructed to the satisfaction of the council.

(3) It shall be lawful for a council to construct or reconstruct such drains as it may deem necessary for the efficient drainage of the municipality and to declare such drains to be public drains.

(4) Each council shall be responsible for the maintenance, repair and control of public drains within its municipality.

121. The council may require the owner or occupier of any building, premises or plot to lay, build, dig or construct and maintain at his own expense all drains necessary for carrying off storm and slop water and waste from his own land and properly to connect them with public drains and to keep the building, premises or plot drained. If the owner or occupier fails to comply with a requirement made under this section within such time as the council may prescribe, the council may undertake the work and the cost shall be a debt to the council and may be sued for in a court of competent jurisdiction.

122.—(1) A council may make by-laws prescribing forms, fees, matters and things which are contemplated by this Act or are required or permitted by this Act to be prescribed, or which appear to the council to be necessary or convenient for the peace, good order and government of the municipality and for the purpose of effectually carrying out the provisions of this Act, or for better effecting the operation, objects and purposes thereof.

(2) All by-laws made by a municipality under the provisions of this Act, or under the provisions of any other written law by virtue of which the council is authorized to act, shall be of no effect until such by-laws have been approved by the Minister.

(3) Any person who contravenes or fails to comply with the provisions of any by-law made by a municipality under the provisions of this Act, or under the provisions of any other written law by virtue of which the council is authorized to act, shall be guilty of an offence and, if no penalty is otherwise provided therefor, shall be liable on conviction to a fine not exceeding $50 and to a further fine of $10 for every day during which such contravention or failure to comply continues.

123.—(1) Notwithstanding the provisions of section 122 the Minister may make regulations—

(a) providing for the maximum amount of financial loss allowance which may be paid to a member of a council in respect of loss of earnings necessarily suffered or incurred for the purpose of enabling him to perform any approved duty as a member of the council;

(b) prescribing the maximum amount which may be paid to a member of a council by way of travelling allowance or subsistence allowance when expenditure on travelling or subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of the council;

(c) prescribing any thing which may be prescribed under any of the provisions of this Act;

(d) generally for the better carrying out of any of the provisions of this Act.

(b) attendance at a meeting of any joint committee constituted under section 30;

(c) the doing of any other thing which the Minister has previously approved in writing, either generally or specially, as being in the interest of the municipality as a whole.

124. The Minister may, by order served upon a council, require such council to make such by-laws as are specified in the order and to amend or revoke any such by-laws.

125. A council may, subject to the approval of the Fijian Affairs Board and of the Minister, make by-laws concerning the manner in which Fijian villages may be incorporated in the municipality, for the method by which rates may be levied in such Fijian villages and for the minimum standard which is required to be attained in the construction of buildings therein.

126.—(1) The council of a newly constituted municipality may, with the approval of the Minister and subject to such conditions as the Minister may impose, exercise the powers and carry out the duties and obligations granted to and imposed upon a council by the provisions of this Act having regard to the respective intervals of time where prescribed by or under this Act for the doing of the respective things required.

(2) For the purposes of this section, the council of a newly constituted municipality may prepare an estimate in respect of so much of the then current financial year as remains unexpired from the date of the constitution of the municipality, and may levy rates the maximum of which bears to the maximum of the rates which the council could levy under the provisions of section 58 had it been constituted for the necessary period, the rates which the portion of the current financial year unexpired at the date of the constitution of the municipality bears to a full year.

127.—(1) Any person may apply for a certificate under this section as to the amount (if any) due or payable to the council for rates or otherwise in respect of any land.

(2) Application for the certificate shall be made in writing, and shall state the name and address of the applicant, and the particulars of the land in respect of which the information is required.

(3) The council shall, upon payment of such fee as may be prescribed by the council, by resolution, for a certificate having reference to a parcel of land separately assessed, as soon as may be, give or post to the applicant a certificate in writing signed by the town clerk. Such certificate shall state—

(a) what rates, charges, or sums of money if any, are due or payable to the council in respect of the land with the particulars thereof and when the same became due or payable, or that no such rates, charges or sums are then due or payable, as the case may be;

(b) the amount of the cost of any work which may be recovered by the council under this Act from the owner or occupier of the land which has been carried out by the council, or that no such work has been carried out, as the case may be.

(4) The production of the certificate shall for all purposes be deemed conclusive proof in favour of a bona fide purchaser for value that at the date thereof no rates, charges or sums other than those stated in the certificate were due or payable to the council in respect of the land and that no work the cost or part of the cost of which may be recovered by the council under this Act from the owner or occupier of the land other than that stated in the certificate has been carried out by the council.

(5) For the purposes of this section, rates, charges or sums of money shall be deemed to be due or payable, notwithstanding that the requisite period after service of any notice may not have expired.

129. If, in the opinion of the Minister, the execution of any order or resolution by a council or the doing of anything which is about to be done by or on behalf of a council is likely to cause serious injury or annoyance to the public, the Minister may, having notified the council and given consideration to any representations made by it, by order published in the Gazette, suspend the execution or prohibit the doing thereof and the council shall comply with such order.

130. The Minister may appoint any fit and proper person to investigate and report upon the manner in which a council is exercising all or any of its functions under this Act and for the purposes of such investigation the person appointed shall have power—

(a) to enter on and inspect any real property occupied or owned by a council or any institution under its control or management or any work in progress under its direction;

(b) to call for any return, statement, account or report which he may think fit to require;

(c) to call for and inspect any extract from the proceedings of any council or from the proceedings of any committee thereof and any books or documents in the possession of or under the control of a council.

131.—(1) If, after consideration of a report submitted to him under section 130, the Minister is satisfied that there is reason to believe that a council is in default on the grounds that the revenues of the council are not being used in the best interests of the municipality as a whole or that the administration of the council is inefficient, wasteful or corrupt or that the council has in any other way failed to act in conformity with the provisions of this Act, he may appoint a committee of inquiry to investigate the affairs of the council.

(2) A committee of inquiry shall consist of not less than two but not more than five members one of whom shall be nominated by the Minister as chairman.

(3) For the purpose of carrying out its functions under this section a committee of inquiry shall have the same powers and authority to summon witnesses and to admit and receive evidence as are conferred upon the commissioners of a Commission of Inquiry by section 9 of the Commission of Inquiry Act and the provisions of sections 14 and 17 of that Act shall apply mutatis mutandis in relation to the powers and authority vested in the committee of inquiry under this subsection.

(4) A council shall be entitled to be heard at any inquiry held under the provisions of this section and may be represented by any member or officer of the council authorised by the council for that purpose or by a barrister and solicitor.

(5) At the conclusion of the inquiry the committee of inquiry shall submit a written report of its findings to the Minister.

131A.—(1) If after consideration of the findings of a committee of inquiry, the Minister is satisfied that a council is in default in terms of subsection (1) of section 131, he may—

(a) issue directions prescribing the action to be taken by the council specifically to remedy any default or generally to ensure the proper discharge by the council of its functions under this Act;

(b) reduce the amount of any grant payable to the council for the next succeeding financial year by such sum as he shall determine; or

(c) dissolve the council and by order appoint two or more persons to be administrators of the municipality for such period as the Minister may consider necessary.

(2) The persons appointed as administrators under paragraph (c) of subsection (1) shall be deemed to be the duly constituted council of the municipality and shall, subject to any general or special directions issued by the Minister, have, perform and discharge all the rights, privileges, powers, duties and functions vested in or conferred or imposed on the council, the mayor and any officer of the council by this Act or any other written law.

132.—(1) If, on information supplied by the appropriate town clerk or on receipt of the report of the auditor or an inspector, the Minister is satisfied that any expenditure has been incurred without proper authority in that behalf, he may either sanction or disallow such expenditure, and if he disallows such expenditure, he may by order in writing surcharge any person responsible for such expenditure for the whole or any part thereof.

(2) If, on information supplied by the appropriate town clerk or on receipt of the report of the auditor or an inspector, the Minister is satisfied that—

has occurred by reason of any wilful or wrongful act or any negligence by any councillor or person in the service of the council, the Minister may, subject to the provisions of section 18, by order in writing, surcharge such councillor or person for the whole or any part thereof.

(3) Any sum surcharged on any person under the provisions of this section shall be a debt due to the council and shall be payable by such person within one month, or such longer period as the Minister may approve, of the date of service upon him of the order of the Minister.

(4) Any person aggrieved by an order of surcharge may appeal to the Supreme Court which may confirm set aside or vary such order and whose decision shall be final.

133.—(1) A copy of the minutes of the council, or a committee thereof, certified under the hand of the mayor or town clerk or chairman of the committee to be a true copy shall be prima facie evidence of any appointment or resolution of the council or committee as the case may be.

(2) All documents whatsoever purporting to be issued, or written by or under the direction of the council of a municipality and purporting to be signed by the mayor, town clerk, health inspector or building surveyor, shall be received as evidence in all courts of law and shall be deemed to be issued or written by or under the direction of the council without proof unless the contrary be shown.

134. In any proceedings under the provisions of this Act instituted by, or under the direction of the council, no proof shall, unless evidence is given to the contrary, be required—

(a) of the persons constituting the council or the extent or boundaries of the municipality or any ward thereof;

(b) of any special or general appointment or order or authority to prosecute any town clerk, municipal engineer, building surveyor, inspector or other officer of the council;

(c) of the presence of a quorum of the council at the making of any order or the doing of any act.

135. Every contract and every instrument in documents which a council is lawfully empowered to execute shall be deemed to be duly executed by or on behalf of the council, if signed by the mayor or by the town clerk or by any one or more councillors duly authorized in that behalf by any resolution of the council.

136. A person appointed in writing under the hand of the Minister or the mayor or town clerk of a municipality may for the purposes of this Act, search the public registers of the Registry of Titles without payment of any fee.

137.—(1) Any notice, order or other document required under the provisions of this Act, or under the provisions of any other written law by virtue of which the council is authorized to act, or is exercising its statutory powers, to be served upon any person or upon any owner or occupier of any land, building or premises may be served in the manner provided in this section.

(b) by delivering such notice, order or other document at or on the premises in which the person to be served resides or carries on business and by leaving the same with any person apparently over the age of eighteen years resident or employed at such premises; or

(c) by posting such notice, order or other document by prepaid letter addressed to the last known place of abode or business of the person to be served; or

(d) by affixing such notice, order or other document on any conspicuous part of the land, building or premises the subject of the notice, order or other document; or

(e) in any case where the person to be served is, or after enquiry appears to be, absent from Fiji, by service upon the agent of the person to be served; or

(f) in any case where the land, building or premises are unoccupied by the owner thereof or his address or place of abode is not known to the council, by advertisement in a newspaper published in Fiji and circulating in the municipality.

(3) All notices required under the provisions of this Act to be served upon any owner or occupier shall, after due service thereof has once been made on any owner or occupier, be binding on every subsequent owner or occupier to the same extent as if such notice had been served upon the last mentioned owner or occupier.

138.—(1) It shall be the duty of the council to provide the Minister with a certified copy of any record or minutes of its proceedings and of the proceedings of any committee appointed by the council and such other reports, statistics and documents as the Minister may from time to time require.

(2) Minutes of the proceedings of each meeting of the council shall be confirmed by the council at the immediately ensuing meeting thereof and shall be forwarded to the Minister within seven days after the date upon which they are confirmed by the council.

139. Any reference in any written law in force immediately before the commencement of this Act to any "township", "township board", "board" or "township clerk" shall be read and construed as if it were a reference to a "town", "town council", "council" or "town clerk", respectively.

140.—(1) The Towns Ordinance and the Townships Ordinance are hereby repealed:

Provided that all by-laws, regulations, orders, notices, appointments and licences made or issued under the provisions of either of the two repealed Ordinances shall be deemed to have been made under the corresponding provisions of this Act and shall remain of full force and effect until such time as they are revoked or amended under the provisions of this Act.

(2) Any regulations or by-laws made under the provisions of either of the two repealed Ordinances in respect of which there are no corresponding provisions in this Act, shall remain of full force and effect as though they had been made under the authority of this Act until such time as they have been revoked or amended under the provisions of this section or of any other Act and may be amended or revoked under the provisions of this subsection.

141. Notwithstanding anything contained in any subsidiary legislation made under the Ordinances repealed by section 140 and remaining in force pursuant to the provisions of that section, no such subsidiary legislation shall be amended in any way, or revoked, nor shall any resolution be passed or any proceedings taken thereunder or in pursuance thereof for the purpose of imposing, altering or rescinding any fee, charge or pecuniary obligation, unless such amendment or revocation or the intent of such resolution or proceeding is effected by means of by-laws made under and in accordance with section 122.

Section 9	—Number of Town Councillors Order
Section 13	—Local Government (Elections) Regulations
Section 78	—Overdue Rates (Variation of Rate of Interest) Order
Section 123	—Local Government (Administrators) Regulations
		Local Government (Inquiries) Regulations Stopping Up of Streets (Prescribed Notices) Regulations Streets (Removal of Encroachment or Obstruction) (Prescribed Order) Regulations

The number of members of the town councils named in the Schedule and, where the towns are divided into wards, the number of members for each ward shall, with effect from the next general elections to such councils, be as specified in the Schedule.

1. Short title
2. Membership
3. Resignation
4. Election of councillors
5. Writ of election
6. Registration officers
6A. Additional powers of registration officer
7. Nominations
8. By-elections and filling of vacancies
9. Election procedure
10. Election offences and petitions
11. Persons registered under section 11(4) (b) of the Act

Legal Notices Nos. 41 of 1972, 52 of 1972, 83 of 1972,
Local Government Notice No. 8 of 1972,
Legal Notices Nos. 147 of 1976, 92 of 1982

1. These Regulations may be cited as the Local Government (Elections) Regulations.

2. The membership of a council shall be such number of councillors as the Electoral Commission may from time to time prescribe after consultation with the Minister in accordance with the provisions of these Regulations.

3. A councillor may at any time resign his seat by notice in writing addressed to the town clerk and shall resign his seat if he ceases to be resident in the municipality or if he is not qualified under the provisions of subsection (2) of section 10 of the Act.

4.—(1) For the purpose of the election of members of a council where a municipality is not divided into wards the members to be elected shall be returned in respect of the municipality as a whole.

(2) Where a municipality is divided into wards, the number of councillors to be returned in respect of each ward shall be as may be prescribed by the Electoral Commission.

5.—(1) For every general election of members of a council the Electoral Commission and for every election of a member to fill a vacancy in a council, the Mayor shall issue writs of election to the proper returning officers.

(a) the date on or before which it is returnable to the Electoral Commission or the mayor, as the case may be;

(b) the date on, and the place at, which the returning officer shall receive nominations of candidates for elections;

(c) the date on which the poll will be taken in case the election is contested.

6.—(1) The Electoral Commission shall appoint a registration officer for the municipality, or for such ward or wards thereof as may be necessary.

(2) Each registration officer shall in accordance with the procedure set out in the First Schedule, prepare and revise as may be necessary a register of electors (hereinafter referred to as the electoral roll) for the municipality, the ward or wards for which he has been appointed.

7.—(1) Every candidate for election as a councillor for any council or ward shall be nominated by being proposed by not less than six and not more than eight persons. The proposers shall be persons whose names appear on the electoral roll for the municipality or ward for which the candidate is nominated.

(2) No person shall be nominated as a candidate unless his name appears on the electoral roll for the municipality for the council of which election is sought.

8.—(1) Subject to the provisions of paragraph (2), whenever a vacancy occurs in the membership of a council whether arising from the death, resignation, or ceasing to hold office of any councillor or as a result of any increase in the number of councillors, the mayor, pursuant to a resolution of such council, shall issue a writ directing that a councillor be elected in the existing vacancy to hold office, subject to the other provisions of these Regulations, until the dissolution of the council:

Provided that no writ shall be issued by the mayor unless a period of at least six months remains before the next general election to such council.

(2) In the event of the Minister taking action under the provisions of section 131 of the Act, the Electoral Commission may, in consultation with the Minister, issue a writ directing that councillors be elected in the same way as if the council were a newly constituted council.

9. The election of councillors shall be by secret ballot and in accordance with the procedure set out in the Second Schedule.

10. Unless otherwise specifically provided in these Regulations, the provisions of the law for the time being in force relating to offences in connection with the conduct of elections to the House of Representatives and in connection with election petitions shall apply mutatis mutandis to elections to a council under the provisions of these Regulations.

11. Any person registered as an elector under paragraph (b) of subsection (4) of section 11 of the Act shall cease to be such an elector for the municipality or ward in which he is so registered if the body corporate or trustee of which he is a nominee ceases to be an occupier of land in the municipality concerned.

1. Once in each year and at such other times as he may consider necessary, the registration officer shall issue a notice in the form approved by the Electoral Commission calling upon every person qualified to be registered as an elector to apply during the period specified in such notice to such registration officer for his name to be entered on the electoral roll for the municipality or ward in which he is entitled to be registered.

2. Every application for registration as an elector shall be in the form approved by the Electoral Commission and shall be witnessed by and the declaration made before a person appointed by the registration officer for the purpose, and shall be delivered to the registration officer not later than the date specified in the notice issued under the provisions of rule 1.

3. Any person who wilfully makes any false statement or declaration in connection with an application for registration as an elector shall be guilty of an offence and liable on conviction to a fine not exceeding $100 or to imprisonment not exceeding six months or to both such fine and imprisonment.

4. Each electoral roll shall contain the names of electors arranged alphabetically in order.

5. No person may apply to be registered as an elector in any ward in which he is already registered as an elector and any person contravening the provisions of this rule, shall, unless he has withdrawn his previous application, be guilty of an offence and on conviction shall be liable to a fine not exceeding $100 or to imprisonment not exceeding six months or to both such fine and imprisonment.

6. For the purpose of satisfying himself as to the qualifications of any applicant for registration as an elector, a registration officer may make such inquiries as he may deem necessary.

6A. Without prejudice to the other provisions of this Schedule, the registration officer may, at any time before making the electoral roll available for inspection in terms of rule 7, place on the roll the names of any persons who appear qualified to be registered, pursuant to information received from such sources as the Supervisor of Elections may from time to time approve.

7.—(1) As soon as possible after the expiry of the time allowed for receiving applications to register as electors, the registration officer shall give notice in the Gazette and in a newspaper published and circulating in Fiji that the electoral roll or a copy thereof is open to inspection at all reasonable hours at the office of the registration officer and such other places as may be specified in such notice.

(2) Within fourteen days after the publication of the notice in the Gazette under the provisions of paragraph (1) any person whose name appears on an electoral roll may object to another person's name appearing on the same electoral roll. Any such objection shall be in writing and must be received by the registration officer of the municipality or the ward within the same period as is allowed for such objections.

(3) On receiving such objection the registration officer may make such inquiries as he considers advisable.

(4) If the registration officer finds that there is no merit in such objection or that it is frivolous, he shall dismiss the objection and shall notify the person who lodged the objection.

(5) If the objection is not dismissed as provided in paragraph (4), the registration officer shall send a notice by hand or by registered post requiring the person against whom the objection is lodged to answer to the objection and shall state the time within which such person must answer to the objection either in person or in writing. If such person does not answer the objection within the time allowed, the registration officer shall proceed to deal with the objection and may either dismiss or sustain such objection.

(6) In every case in which an objection is sustained, the registration officer shall notify the elector concerned and shall thereafter remove his name from the electoral roll. In every case in which the objection is dismissed, the registration officer shall notify the objector and the elector concerned.

8. Each registration officer shall settle all such objections within fourteen days of the expiry of the time provided for lodging objections and shall thereafter proceed to have the names, addresses and occupations of all qualified electors published, giving each elector a serial number.

9.—(1) A fresh electoral roll shall be prepared in every third year for the purposes of holding a general election of councillors in each municipality.

(2) The electoral rolls shall be revised fully at such times as the registration officer may deem necessary but at least once in every year.

10. Whenever the electoral rolls are to be revised, the registration officer shall publish a notice to that effect in the Gazette and in a newspaper published and circulating in Fiji and shall call upon all persons duly qualified to apply for registration, or in the case of persons already on the electoral rolls who claim to be qualified, to apply to have their names retained on such a roll.

11. In preparing revised electoral rolls the preceding rules shall mutatis mutandis apply.

12. If a municipality is divided into wards any elector who by reason of change of residence has lived in any other ward since the last electoral roll was published may apply in the form approved by the Electoral Commission to the registration officer of such ward to have his name transferred to the ward in which he then resides.

1.—(1) The Electoral Commission shall appoint a returning officer for each municipality and the returning officer shall appoint such assistant returning officers as may be necessary to perform the duties of a returning officer under the provisions of these Rules.

(2) A person who is a candidate for the office of councillor shall not be appointed as returning officer, presiding officer, poll clerk or scrutineer and if such person so appointed becomes a candidate for such office, he shall forthwith vacate such appointment.

2. Forthwith upon receipt of a writ of election, the returning officer shall publish a notice in the form approved by the Electoral Commission of the day, time and place named for the nomination of candidates and such notice shall be publicly exhibited in all council offices and in such other public places in the municipality as the returning officer considers expedient.

3. Each nomination paper shall be in the form approved by the Electoral Commission, shall be accompanied by a deposit of $20 and shall be signed by the candidate and each of his proposers.

4. The returning officer shall, at any time not more than three days before the date fixed for nominations and before the hour of 12 noon on nomination day, supply a nomination paper to any registered elector who applies for one.

5. Every nomination paper signed in the required manner and accompanied by the deposit prescribed under rule 3 shall be delivered to the returning officer by the candidate or by one of his proposers between the hours and at the place appointed for the nomination of candidates.

6. On the day appointed for the nomination of a candidate for any municipality or ward, every candidate and one of his proposers and one other person selected by the candidate, and no persons other than the aforesaid, shall, except for the purpose of assisting the returning officer, be entitled to attend the proceedings during the time appointed for nomination.

7. The returning officer shall permit the candidates and one proposer selected by each candidate, to examine the nomination papers of candidates which have been received for the municipality or ward concerned.

8.—(1) Each candidate shall be described in the nomination paper in such a manner as, in the opinion of the returning officer, is calculated sufficiently to identify such candidate.

(2) No objection to a nomination paper on the ground that the description of the candidate therein is insufficient or that the nomination paper is not in accordance with the provisions of these Rules shall be allowed or deemed to be valid, unless such objection is made by the returning officer or by some other person within one hour after the time of delivery of the nomination paper.

9. If at the expiry of the time provided for the delivery of nomination papers, candidates not exceeding the number to be elected for the municipality or ward are nominated, the returning officer shall forthwith publicly declare such candidates to be elected, and shall endorse the writ of election and return it to the Electoral Commission which shall cause a notification of such declaration to be published in the Gazette and in such other manner as it considers necessary.

10. A candidate may, not later than twenty-four hours after the closing of the nominations, withdraw from his candidature by giving a notice signed by him to that effect to the returning officer.

11. If more candidates than the number to be elected are duly nominated for any municipality or ward the returning officer shall adjourn the election for the purpose of taking a poll.

12. Where a poll is required to be taken the returning officer shall cause to be published in the Gazette and in a newspaper published and circulating in Fiji a notice specifying—

(b) the date or dates on which and the times during which the poll will be taken;

(c) the names of the candidates as described in their respective nomination papers; and

13. Forthwith after the date of closing of the nominations, the returning officer shall, at his discretion and in such a manner as to avoid any likelihood of confusion, allot each candidate a symbol and shall advise each candidate by registered post of the symbol allotted to him and shall publish a list of the candidates and their respective symbols in the Gazette and in a newspaper published and circulating in Fiji.

14. If any candidate shall die after the acceptance of his nomination by the returning officer and before the result of the poll has been ascertained, the Supervisor of Elections, or, in the case of a by-election, the Mayor shall upon being satisfied of the fact of such death countermand the poll and all proceedings with reference to the election shall be recommenced:

Provided that no new nomination shall be required in respect of a living candidate who had been duly nominated at the time of the countermand of the poll.

15. The returning officer shall appoint a person (in these Rules called "the presiding officer") to preside at each polling station. Such presiding officer shall be supplied with a copy of the electoral roll containing the names of electors registered in respect of his polling station.

16. The returning officer may appoint at each polling station one or more deputy presiding officers, one of whom, to be selected by the presiding officer, shall act as presiding officer in the event of illness or unavoidable absence of the presiding officer. A deputy presiding officer when so acting shall exercise all the powers and perform all the duties of the presiding officer under these Rules.

17. No person shall be admitted to vote at any polling station except the one in respect of which he is registered.

18. Unless otherwise authorised by the Supervisor of Elections the poll shall open at 7.30 a.m. and shall close at 5.30 p.m. on the same day.

19. The presiding officer shall keep order in his polling station, and shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except members of the Electoral Commission, the Supervisor of Elections, the returning officers, the assistant returning officers, the clerks, the candidates, one agent in respect of each candidate and the police officers, if any, on duty.

20.—(1) Subject to the provisions of paragraph (2), during the hours when a polling booth is open on polling day, any person who assembles or congregates in a polling booth or within 50 yards from the entrance of a polling booth shall be guilty of an offence.

(a) any electors who are waiting to vote at such polling booth and who obey such instructions as may be given by the presiding officer or any police officer for the purpose of forming a queue with other electors so waiting; or

(b) any person who is lawfully remaining in, entering or leaving such booth with reasonable despatch.

21. During the hours that the polling booth is open on polling day, any person who, in any polling booth or within 50 yards from the entrance to a polling booth, seeks to influence any elector to vote or to refrain from voting for any candidate or unlawfully ascertains for whom any elector intends to vote or has voted, shall be guilty of an offence.

22. Any person guilty of an offence under the provisions of either of rules 20 or 21, shall be liable on conviction to a fine not exceeding $200 or to imprisonment not exceeding twelve months or to both such fine and imprisonment.

(a) contain a list of the candidates as described in their respective nomination papers, arranged alphabetically in order according to the spelling of their surnames or, in the case of candidates other than those habitually using surnames, their first and other names;

(c) have attached a counterfoil on which shall be printed the same number as appears on the back of the ballot paper; and

(d) shall, so far as is possible, be in the form approved by the Electoral Commission.

24.—(1) Every ballot box shall be so constructed that the ballot papers can be inserted therein, but cannot be withdrawn therefrom, without the box being unlocked.

(2) The presiding officer shall, immediately before the commencement of the poll, show the empty unlocked ballot box to such persons, if any, as may be present in the polling station, so that they may see that it is empty. The presiding officer shall then lock the ballot box and place his seal upon it in such manner as to prevent it being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

25.—(1) Immediately before a ballot paper is delivered to an elector it shall be marked on the back thereof with an official mark, either stamped or perforated.

(2) The serial number, name and description of the elector, as stated in the copy of the electoral roll, shall then be called out, and the serial number of such elector shall be marked on the counterfoil, and the name of the elector shall be deleted from that copy of the roll to denote that he has received a ballot paper.

(3) The presiding officer, or any person authorised by him for the purpose, may require any applicant for a ballot paper to furnish, to the satisfaction of the presiding officer or person so authorised, proof of his identity.

26.—(1) The elector on receiving a ballot paper shall forthwith proceed to a place screened from observation, which shall be provided by the presiding officer.

(2) Each elector shall be entitled to vote for the same number of candidates as there are councillors to be elected in respect of the municipality or ward in which he is registered.

(3) The elector shall record his vote by making the sign of a tick ( ) in the space provided on the ballot paper alongside the name of the candidate or candidates for whom he wishes to vote.

(4) The elector shall then fold the ballot paper so as to conceal his vote, and insert the ballot paper, so folded, into the ballot box.

(5) Each elector shall vote without undue delay, and shall quit the polling station as soon as he has inserted his ballot paper into the ballot box.

27. An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in these Rules called a "spoilt ballot paper") and the spoilt ballot paper shall be immediately cancelled by the presiding officer.

28. If any elector states that he is unable to mark his ballot paper, the presiding officer shall if he is satisfied of such inability—

(a) himself mark the ballot paper as the elector directs, and then insert the ballot paper in the ballot box; and

(b) write in the register opposite the name of such elector a statement of the fact that the ballot paper was marked by him at the request of the elector, and the reason therefor.

29.—(1) If a person representing himself to be a particular elector named in the electoral roll applies for a ballot paper after another person has voted as such elector, the applicant shall, upon making and subscribing a declaration in the following form, be entitled to mark the ballot paper in the same manner as any other elector:—

I, of solemnly and sincerely declare that I am the same person whose name appears as No. in the electoral roll in force for the ward of in the municipality of

(2) Such ballot paper (in these Rules called a "tendered ballot paper") shall be of a colour different from the other ballot papers, and, instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the elector and his serial number in the electoral roll.

(3) The tendered ballot papers shall be set aside in a separate packet and shall not be counted by the returning officer.

(4) The name of the elector and his serial number on the roll shall be entered on a list (in these Rules called the "tendered votes list").

30. No person other than the returning officer, presiding officer or a deputy presiding officer shall have any communication whatsoever with an elector while such elector is in a polling station for the purpose of receiving a ballot paper and recording his vote thereon. Should any such communication take place, the presiding officer may order such person to leave the polling station.

31. The presiding officer of each polling station shall, as soon as practicable after the close of the poll, in the presence of the agents (if any) of the candidates, make up into separate packets, seal with his own seal and the seals of the agents of the candidates who desire to affix their seals—

(c) the marked copies of the electoral roll and the counterfoils of the ballot papers; and

(d) the packet containing the tendered ballot papers and the tendered votes list,

and shall despatch or hand over such packets and ballot box to the returning officer.

32.—(1) The returning officer shall make arrangements for counting the votes as soon as practicable after he has received all the ballot boxes relating to any municipality or ward, and for that purpose shall give notice in writing of the time and place at which he will begin to count the votes.

(2) Each candidate and one agent in respect of each candidate shall have the right to be present at the counting of the votes.

33.—(1) The returning officer shall then mix together the whole of the ballot papers for that municipality or ward and shall then count the votes recording as he proceeds the number of votes given for each candidate. While counting the ballot papers and in counting the votes, the returning officer shall keep the ballot papers with their faces upward and take all proper precautions for preventing any person seeing the number printed on the back of such papers.

(2) The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, allowing only time for refreshment.

34. Any ballot paper which has not on its back an official mark, or on which votes are given to more candidates than are to be elected from the municipality or ward, or on which anything, except the number on its back, is written or marked by which the vote can be identified, shall be invalid and shall not be counted.

35. Notwithstanding anything contained in paragraph (3) of regulation 25, a returning officer may at his discretion if satisfied that the intention of a voter is clear beyond reasonable doubt, accept and count as valid the ballot paper of such voter.

36. The returning officer shall not open the sealed packet of tendered ballot papers, but shall retain the same, unless such packet is required for the purposes of an inquiry.

37. Subject to reversal on petition, the decision of the returning officer as to any question arising in respect of any ballot paper shall be final.

38. When the counting of the votes has been completed, the returning officer shall declare to be elected the required number of candidates, or where only one candidate is to be returned, the candidate, to whom the greatest number of votes has been given.

39. When an equality of votes is found to exist between any candidates and an additional vote would entitle any one or more of such candidates to be declared elected, the matter shall be determined by lot in the presence of the returning officer in such manner as he shall think fit.

40. The returning officer shall, upon the completion of the counting and after he has declared the result, seal up the ballot papers and all other documents relating to the election, and shall retain the same for a period of six months, and thereafter, unless otherwise directed by an order of the Electoral Commission, cause them to be destroyed.

41. The returning officer shall as soon as may be convenient to him refund to each candidate the deposit of $20 made in accordance with the provisions of rule 3:

Provided that should any unsuccessful candidate fail to obtain one-tenth of the total number of valid votes polled for the municipality or ward for which he was a candidate, such deposit shall be forfeited to the municipal fund.

(a) publicly declare the name or names of the elected candidate or candidates and of the total number of votes given for each candidate;

(b) endorse the name or names of the elected candidate or candidates on the writ of election;

(c) return the writ of election to the Electoral Commission or the Mayor, as the case may be;

(d) publish in the Gazette the name or names of the elected candidate or candidates.

43. No election shall be questioned or deemed to be invalid by reason only of a failure to comply with the provisions of these Rules, or of any mistake in the use of any of the forms prescribed or of any defect or invalidity in the appointment of any election officer if the election was held in accordance with the principles laid down in these Rules and if such failure, mistake, defect, or invalidity did not materially affect the result of the election.

1. This Order may be cited as the Overdue Rates (Variation of Rate of Interest) Order.

2. The rate at which overdue rates shall bear interest is varied to a rate of 11 per cent per annum.

1. Short title
2. Rights, functions and duties of administrator
3. Directions
4. Remuneration

1.—(1) These Regulations may be cited as the Local Government (Administrators) Regulations.

(2) These Regulations shall apply to any administrator appointed by order of the Minister in the exercise of his powers under section 131A of the Act.

2.—(1) Subject to regulation 3, an administrator shall be deemed to be the duly constituted council of the municipality and shall have, perform and discharge all the rights, privileges, powers, duties and functions vested in or conferred or imposed on the council, the mayor and any officer of the council by the Act or by any other written law.

(2) Where two or more persons are appointed to be administrators the Minister shall in the order making the appointment designate one of such administrators to be the chief administrator and the administrator so designated shall be deemed for the purposes of the Act and any other written law to be the mayor of the municipality.

3. In the exercise of his powers, duties and functions under these Regulations an administrator shall act in accordance with any general or special directions issued by the Minister.

4.—(1) An administrator shall be entitled to receive such remuneration as the Minister shall from time to time determine.

(2) The remuneration of an administrator shall be met from the municipal fund of the municipality.

(3) No remuneration shall be payable to an administrator who is a public officer.

1. Short title and application
2. Interpretation
3. Committee of inquiry
4. Representation of council
5. Conduct of hearing
6. Proceedings of committee privileged
7. Protection of committee
8. Power to require attendance of witnesses, etc.
9. Attempting to influence committee
10. Giving false information to committee
11. Interpretation of regulations 9 and 10
12. Divulging official information
13. Submission of report

1.—(1) These Regulations may be cited as the Local Government (Inquiries) Regulations.

(2) These Regulations shall apply to any inquiry instituted by the Minister in the exercise of his powers under section 130 or section 131 of the Act.

"committee" means a committee of inquiry established under the provisions of regulation 3;

3.—(1) For the purposes of an inquiry the Minister may appoint a committee which shall consist of not less than two but not more than five members, one of whom shall be nominated by the Minister as chairman.

(2) The Minister may appoint a suitable person to be the Secretary to a committee.

(3) Subject to the provisions of these Regulations a committee may regulate its own procedure.

4.—(1) A council which is the subject of an inquiry shall be entitled to be heard at the inquiry and for that purpose may be represented by any member or officer of the council or by a barrister and solicitor.

(2) If witnesses are examined by the committee they may be cross-examined on behalf of the council.

(3) No documentary evidence shall be used against a council at an inquiry unless it has been previously supplied with a copy thereof or given access thereto.

5.—(1) An inquiry by a committee may be held either in public or in camera as the committee considers necessary or desirable in the public interest and to ensure the proper discharge of its functions under these Regulations.

(2) If any person who is to give evidence at any such inquiry held in public so requests at the inquiry or by a notice in writing served on the Secretary before the date of the inquiry, the public shall be excluded from the inquiry while that person gives his evidence.

6. Any report, statement or other communication or record of any meeting, inquiry or proceedings which a committee may make in exercise of its functions or any member may make in performance of his duties, shall be privileged in that its production may not be compelled in any legal proceedings unless the chairman of the committee certifies that such production is not against the public interest.

7. No member of a committee shall be liable to any action or suit for any act done or omitted to be done in the bona fide execution of his duties under these Regulations.

8. For the purposes of carrying out its powers, duties and functions under these Regulations a committee shall have the same powers and authority to summon witnesses and to admit and receive evidence as are conferred on the commissioners of a Commission of Inquiry by section 9 of the Commissions of Inquiry Act and the provisions of sections 14 and 17 of that Act shall apply mutatis mutandis in relation to the powers and authority vested in a committee under this regulation.

9. Any person who directly or indirectly, other than in the course of his duty, by himself or by any other person in any manner whatsoever attempts to influence a committee in the proper exercise of its functions or duties shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100, or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.

10. Any person who in connection with the exercise by a committee of its functions or duties wilfully gives to a committee any information which he knows to be false or does not believe to be true, or which he knows to be false by reason of the omission of any material particular, shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $200 or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

11. For the purpose of regulations 9 and 10 the term "committee" shall include a committee, any member of a committee, the Secretary or any person or body of persons appointed to assist a committee in the exercise of its functions or duties.

12.—(1) No member of a committee, nor the Secretary nor any other person shall, without the written permission of the Minister, publish or disclose to any person otherwise than in exercise of his official functions the contents of any document, communication or information whatsoever relating to or connected with the functions of a committee which has come to his knowledge in the course of his duties.

(2) Any person who knowingly acts in contravention of the provisions of this regulation shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $200, or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

13. As soon as practicable after the conclusion of an inquiry, a committee shall submit a written report of its findings to the Minister.

1. Short title
2. Notification of proposal to stop up street
3. Notification of stopping up of street
4. Application in relation to portions of street

1. These Regulations may be cited as the Stopping Up of Streets (Prescribed Notices) Regulations.

2. Where a council proposes to stop up a street and declare it no longer to be a street, in exercise of the powers conferred upon the council by subsection (1) of section 109 of the Act, the council shall, at least sixty days before the date on which the council's proposal is to take effect, cause a notice of its proposal in the form set out in Part I of the Schedule—

(a) to be published in the Gazette and in a newspaper published and circulating in Fiji;

(b) to be displayed in a prominent position at or near the entrance to the street from any other street;

(ii) on any person authorised by any enactment to carry on any undertaking of public utility and having any apparatus (including any structure constructed for the lodging therein of apparatus) under, in, upon, over, along or across the street; and

(d) to be furnished, together with a copy of the plan referred to in the notice, to the Permanent Secretary for Urban Development, Housing and Social Welfare, the Commissioner of Police and the Director of Town and Country Planning.

3. Where a council has stopped up a street and declared it no longer to be a street, in exercise of its powers as aforesaid, the council shall cause a notice thereof in the form set out in Part II of the Schedule to be published, displayed and served as mentioned in regulation 2 and to be furnished, together with a copy of the plan referred to in the notice, as mentioned in that regulation.

4. The provisions of regulations 2 and 3 shall apply in relation to any portion of a street as they apply to a street, subject to such modification as may be required.

NOTICE IS HEREBY GIVEN that the Council proposes to stop up .......................... Street leading from ......................... to .............................. , and declare that it no longer be a street, in exercise of the powers conferred on the Council by section 109(1) of the Local Government Act.

The area of the said street is delineated and shown coloured ..................................... on a plan kept at the office of the Council. Copies of the plan are available for inspection at the offices of the Council and of the Permanent Secretary for Urban Development, Housing and Social Welfare.

Any person having any objection to the Council's proposal should notify the Town Clerk thereof, in writing within the sixty days next following the date of this notice.

NOTICE IS HEREBY GIVEN that the Council, has stopped up .................................. Street leading from .............................. to ............................. and declared that it is to be no longer a street, in exercise of the powers conferred on the Council by section 109(1) of the Local Government Act.

The area of the said street is delineated and shown coloured .................................. on a plan kept at the office of the Council. Copies of the plan are available for inspection at the offices of the Council and of the Permanent Secretary for Urban Development, Housing and Social Welfare.

SECTION 123—STREETS (REMOVAL OF ENCROACHMENT OR OBSTRUCTION) (PRESCRIBED ORDER) REGULATIONS

1. Short title
2. Form of order requiring removal of encroachment of, or obstruction of, a street

1. These Regulations may be cited as the Streets (Removal of Encroachment or Obstruction) (Prescribed Order) Regulations.

Form of order requiring removal of encroachment on, or obstruction of, a street

2. An order directed to and served upon any person in pursuance of subsection (2) of section 115 of the Act requiring that person to remove anything encroaching on, or obstructing, a street shall be in the form set out in the Schedule.

Form of order requiring removal of encroachment on, or obstruction of, a street

TAKE NOTICE that you are hereby required by the council, acting in pursuance of section 115(2) of the Local Government Act, to remove, within the period of .........days commencing on the date of this order, ...................................... from ........................... Street, being an encroachment or obstruction in contravention of section 115(1) of that Act.

AND FURTHER TAKE NOTICE that if you fail to comply with this order, the council may, under section 115(1) of that Act, cause the encroachment or obstruction to be removed and may recover from you the costs and expenses incurred in such removal and all costs and expenses incurred in repairing or making good any injury done to the said street by reason of such encroachment or obstruction.

Proclamations Nos. 6 of 1939, 2 of 1941, 4 of 1960, 25 of 1963,
Local Government Notices Nos. 11 of 1968, 17 of 1973

The area defined in the Schedule shall be a town for the purposes of the Local Government Act and shall be known as the town of Ba.

Commencing at Vadraulailai Trigonometrical Station, thence generally north-easterly following the northern boundary of Deposited Plan No. 2590 western, northern and eastern boundaries of lot 1 on Deposited Plan No. 2378, the northern boundary of Deposited Plan No. 2590 and the production thereof to the east side of Kings Road; thence southerly by the east side of the said road to the north-western corner of lot 5 on Deposited Plan No. 2039; thence easterly to the north-eastern corner of the said lot; thence southerly following the eastern boundaries of lots 5 and 6 on Deposited Plan No. 2039 to the south-eastern corner of lot 6 of the said plan; thence southerly and running parallel to Kings Road to a point being 2½ chains north of Nailega Road; thence easterly and running parallel to the said road to the east side of Yakete Street; thence southerly, following the eastern side of the said street to the south-western corner of lot 14, on Deposited Plan No. 211; thence generally south-easterly following the southern boundary of lot 14 and the western and southern boundaries of lot 19 of the said Deposited Plan to the north-eastern corner of lot 21 of the said Deposited Plan; thence southerly by the eastern boundary of the said lot and the southerly production thereof of the southern side of Kings Road.

Thence westerly following the southern side of the said road to the north-western corner of lot 1 on Deposited Plan No. 531; thence southerly by the western boundary of the said lot to the northern boundary of lot 26 on Deposited Plan No. 211; thence westerly by the northern boundary of the said lot to the east side of Moto Road; thence southerly by the east side of the said road to the left bank of Namosau Creek; thence upstream to the south-eastern corner of lot 1 on Deposited Plan No. 1435; thence generally northerly by the east side of the said lot to the north-western boundary of lot 4 on Deposited Plan No. 2057; thence generally north-westerly and running parallel to the Kings Road to the right bank of Namosau Creek; thence downstream by the bank of the said creek to the north-western corner of lot 1 on Deposited Plan No. 415; thence generally southerly by the western boundaries of lot 1 on Deposited Plan No. 415 and lot 1 on Deposited Plan No. 769 to the east side of Namosau Road.

Thence northerly by the east side of the said road to a point directly opposite the south eastern corner of lot 1 on plan Ba 554; thence generally westerly, crossing the Namosau Road and following the southern boundary of lot 1 on Plan Ba 554 to the left bank of Natuyabia Creek; thence upstream by the bank of the said creek to the north-eastern corner of Plan Ba 760; thence westerly following the northern boundary of the said plan to the western side of the proposed 40 foot wide road on Tracing No. 808; thence generally northerly, following the western boundary of the said road to a point opposite the north-western corner of Plan Ba 1178; thence northerly to the south-western corner of Plan Ba 1070; thence continuing northerly to the south-eastern corner of plan Ba 2046; thence north-westerly to the south-western corner of the said plan; thence continuing north-westerly to the eastern corner of plan Ba 2024; thence following the northern boundary of the said plan to the right bank of Namosau Creek; thence downstream to a point opposite the eastern boundary of plan Ba 499; thence north-easterly, crossing the Namosau Creek and following the eastern boundaries of plan Ba 499 and Ba 1685 to the point of commencement.

And being more particularly delineated on Plan PP 55 deposited at the office of the Director of Lands, Suva, with a copy at the office of Ba Town Council.

Commencing at the right bank of Elevuka Creek, at the confluence of Ba River and Elevuka Creek, thence upstream by the said creek to the southerly production of the western boundary of lot 57 on Deposited Plan No. 2263; thence northerly crossing the said creek and following the western boundary of lot 57 of the said plan to the south side of a 10 ft. wide lane; thence easterly by the side of the said lane to the north-eastern corner of lot 41 on Deposited Plan No. 2263; thence by a line bearing 125 degrees for a distance of 3 chains approximately to the west side of Kings Road; thence north-easterly by the said side for a distance of 13½ chains approximately; thence by a bearing of 108 degrees 30 minutes and for a distance of 15 chains approximately to the north-western corner of lot 2 on Deposited Plan No. 2525; thence easterly following the northern boundary of the said plan to the north-western corner of lot 1 on Deposited Plan No. 2901; thence generally south-easterly following the northern boundary of the said lot to the western boundary of Plan Ba 67; thence by a bearing of 105 degrees and for a distance of 5.2 chains approximately; thence by a bearing of 166 degrees 30 minutes and for a distance of 6.3 chains approximately; thence by a bearing of 196 degrees and for a distance of 23 chains approximately to the northern side of Veisaru Road.

Thence by a bearing of 186 degrees and for a distance of 17 chains approximately; thence by a bearing of 280 degrees and for a distance of 21 chains approximately to the south-western corner of lot 3 on Deposited Plan No. 1968; thence by a bearing of 211 degrees for a distance of 8 chains approximately to the left bank of Elevuka Creek; thence downstream by the bank of the said creek to the southern corner of lot 4 on Deposited Plan No. 3002; thence by a bearing of 286 degrees 30 minutes for a distance of 10 chains approximately to the east side of S.P.S.M.'s railway reserve; thence southerly following the said side of the railway reserve to its junction with Koronubu Road.

Thence generally south-easterly following the northern boundary of Koronubu Road for a distance of 3 chains approximately; thence by a line bearing 217 degrees for a distance of 4 chains approximately to Rarawai Creek; thence upstream by the said creek to the eastern boundary of lot 1 on Deposited Plan No. 2768; thence generally south-easterly following the eastern boundary of the said lot to the southern end of boundary line bearing 124 degrees 59 minutes for a distance of 727.6 links; thence by a bearing of 50 degrees 54 minutes for a distance of 661.1 links; thence by a bearing of 140 degrees 54 minutes for a distance of 270.3 links; thence generally south-easterly and north-westerly following the eastern and southern boundaries of lot 1 on Deposited Plan No. 2768 to the right bank of Ba River; thence upstream by the bank of the said river to the point of commencement.

And being more particularly delineated on plan PP.55 deposited at the office of the Director of Lands, Suva, with a copy at the office of the Ba Town Council.

Together with all that area of land in the tikina of Ba in the Province of Ba situated on the left bank of the Ba River, extending from the left bank of Namosau Creek on the south to a distance of approximately 22 chains from the Ba Bridge on the north, and being one chain wide except near the Kings Road where the land extends from the river bank to the present town boundaries.

The above described area is more particularly shown by a yellow wash on plan P.P.110 kept at the office of the Permanent Secretary for Lands and Mineral Resources in Suva and a copy available for inspection at the office of the Ba Town Council.

2. The town of Ba is hereby divided into five wards, designated as the Varodoli Ward, the Central Ward, the Rarawai Ward, the Yalalevu Ward and the Namosau Ward.

(a) Varadoli Ward—Comprising all that portion of Ba situated on the eastern side of the Ba River and to the east of Kings Road, Nukudrala Street and Koronubu Street and its prolongation south-ward to the southern boundary of the town;

(b) Central Ward—Comprising all that portion of the town of Ba, situated on the eastern side of the Ba River and to the west of Nukudrala Street and Koronubu Street and its prolongation south-ward to the southern boundary of the town, and to the north of a line being 4 chains south of Kings Road and running parallel to the said Kings Road;

(c) Rarawai Ward—Comprising all that portion of the town of Ba situated on the eastern side of the Ba River and to the south of a line being 4 chains south of the Kings Road and running parallel to the said Kings Road;

(d) Yalalevu Ward—Comprising all that portion of the town of Ba situated on the western side of the Ba River and to the north of Namosau Creek;

(e) Namosau Ward—Comprising all that portion of the town of Ba situated on the western side of the Ba River and the south of Namosau Creek.

1. Short title
2. Interpretation
3. Hawkers to be licensed
4. Sale of pigeons and wild birds prohibited
5. Application for licence
6. Council may refuse, cancel or suspend licence
7. Issue of licence
8. Effect of licence
9. Duration of licence
10. Duties and obligations of hawkers
11. Penalty

"goods" include beads and native curios and articles of food or produce grown in Fiji;

"hawker" means a person who by going from place to place sells goods carried on his person or from a handcart, box, basket, bag, tray and the like, or from a boat, horse-drawn vehicle, bicycle, motor vehicle or any other type of conveyance;

"officer" means the Town Clerk and also any person acting as such for the time being, any sanitary inspector appointed by the Council, or any officer or servant of the Council in the performance of any duty under these By-laws;

3. No person shall within the town follow the calling of a hawker or hawk for sale any produce, livestock, or other goods whatsoever unless he shall be the holder in his own name of an unexpired hawker's licence issued by the Council.

4. No licence issued under these By-laws shall permit the sale of pigeons and/or wild birds.

5. Every person desirous of obtaining a hawker's licence shall make application, in person, in writing, to the Town Clerk in the form in the First Schedule.

6. The Council may refuse to grant a hawker's licence to any person and may suspend or cancel the licence of any hawker for any good cause after giving the holder thereof due opportunity of being heard.

7. The Town Clerk, upon receiving an application mentioned in by-law 5 and subject to such directions as he may receive from the Council, may issue to the applicant, without payment of fee, a licence in the form set out in the Second Schedule.

8. A hawker's licence issued by the Council under by-law 7 shall authorise only the hawking and sale of such goods as are endorsed on the licence and in such area as is prescribed by the licence.

9. A hawker's licence under these By-laws shall be issued for a period of one year.

(a) at all times when hawking carry his licence with him and shall on demand produce the same to any police officer or officer of the Council;

(b) if by remaining stationary in any road, street or place, he shall cause any obstruction to pedestrian or other traffic, forthwith move away from such road, street or place in such manner as effectively to remove such obstruction;

(c) when using a hand-cart or vehicle keep such hand-cart or vehicle as near as practicable to the left-hand side of the road or street;

(d) keep his boat, basket, tray, utensils and cart or vehicle clean to the satisfaction of any sanitary inspector appointed by the Council;

(e) prevent any goods intended for human consumption from coming into contact with or being exposed to any dirt, filth, contagion, infection, flies, or anything likely to render such goods injurious to health;

(f) cease to hawk any goods intended for human consumption while he is suffering from any infection, contagious or offensive disease or complaint.

11. Any person contravening or failing to comply with these By-laws, shall be liable on conviction to a fine not exceeding $100.

Name of Applicant: .........................................................................................

Address: ..........................................................................................................

Goods Hawked: ...............................................................................................

How Hawked: .................................................................................................

Where Hawked: ..............................................................................................

Name of Licensee: ..............................................................................................

Address: .............................................................................................................

Goods Hawked: ...................................................................................................

How Hawked: .....................................................................................................

Where Hawked: ..................................................................................................

Date of Application: ...........................................................................................

Date of Issue: .....................................................................................................

Date Licence Expires: .........................................................................................

..................................................
Town Clerk and Licensing Officer

1. Short title
2. Interpretation
3. Prohibition
4. Powers of authorised person
5. Provision for identity card
6. Penalties
7. Evidence in legal proceedings

"abandon" includes to throw, drop, deposit, place, spill, leave, cast or otherwise part with possession;

"authorised person" means a person appointed by the Council to be an authorised person for the purpose of these By-laws or any police officer;

"litter" means any matter of thing whether solid or liquid or partly solid or partly liquid, the possession of which has been abandoned by any person having the control of the same in any street or land or public place, and includes building, household, shop, garden and trade refuse or waste; human, animal, fish and vegetable refuse or waste; containers and packaging of any description, whether manufactured in whole or in part, of wood, glass, metal, paper or plastic; derelict vehicles, household, shop and factory furniture, appliances and machinery or any part thereof; timber, wood, glass, iron, concrete, sand, earth, gravel, stone and clay; or any matter or thing which causes or contributes to or tends to the defacement or defilement of any street, land or public place.

3. No person shall abandon or cause to be abandoned any litter in or upon any street, public place or land save under the authority of or in accordance with the requirements of any law for the time being in force.

4. An authorised person may require the person whom he finds committing or whom he reasonably suspects to be committing or to have committed an offence against these By-laws to state his full name and usual place of residence.

5. Every authorised person, other than a police officer shall be issued with an identity card by the Council wherein shall be specified the name of the authorised person to whom it is issued and the fact that he is an authorised person for the purpose of these By-laws, and in the exercise of his powers and functions under these By-laws an authorised person shall carry an identity card and, should the circumstances require it, exhibit it for the purpose of identification.

6. Any person who contravenes or fails to comply with the provisions of these By-laws shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 and to a further fine of $2 for every day during which such contravention or non-compliance continues.

(a) the onus of proof that any litter has not been abandoned shall be on the defendant;

(b) a statement in the complaint that a place referred to therein is a street or a part of a street or a public place or open to use by the public or is a place of public resort open to use by the public as of right shall be evidence, and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.

3. Clearing of scrub, brushwood or undergrowth
4. Public drains, etc.
5. Private drains
6. Council may undertake work
7. Collection and disposal of garbage
8. Latrines and privies
9. Cleaning of streets
10. Obstruction, etc., an offence

11. Exclusive user of public parks may be granted
12. Method of application and approval
13. Council may retain exclusive user of any public park
14. Charges may be made for admission
15. Gatekeeper, etc., to be employed by the Council
16. Failing to pay charge of admission
17. Fairgrounds
18. Hours of entry
19. Public parks

20. Management of bus station
21. Licence to use bus station
22. Licences
23. Fees
24. Payment of fees
25. Bus station not to be used without licence
26. Revocation of licence
27. Control of bus station

29. Dance halls to be licensed
30. Exemptions
31. Licences
32. Transfer of licence
33. Refusal, revocation, etc., of licence
34. Offences

35. Market Master
36. Produce which may be sold
37. Cleaning and gutting fish
38. Fresh fish
39. Restriction on sales
40. Hours of business
41. Directions given by Market Master
42. Sales prohibited except from stalls
43. Allocation of stalls
44. Alterations to stalls
45. Use of stalls
46. Charges
47. Stall receipts and prices to be exhibited
48. Exchange, subletting and sharing of stalls
49. Advertising and auctions
50. Selling mixed yaqona prohibited
51. Cooking in the market
52. Intoxicating liquor prohibited
53. Unwholesome products
54. Hygiene
55. Cleanliness
56. Dogs prohibited
57. Spitting
58. Disease
59. Restriction on entry
60. Obstruction of officials
61. Obstruction of market
62. Unsold goods
63. Offences

69. Establishment of car park
70. Attendant
71. Prohibitions
72. Entry to and from car park
73. Charges
74. Parking
75. Allocation of stands
76. Production of receipts
77. Validity of receipt/ticket
78. Obstructing attendant, etc.
79. Obstructing entrances, etc.
80. Power to refuse admission, etc.
81. Obstructing footpath
82. Spitting
83. Offence in connection with vehicle
84. Protection from liability
85. Restriction on sale or exposure for sale of articles
86. Offences.

First Schedule—Application for Licence for Motor Omnibus to Use the Ba Bus Station

By-laws 5 September 1956, Local Government Notices Nos. 5 of 1968, 8 of 1968,
11 of 1969, 4 of 1972, 1 of 1973, 2 of 1975, 11 of 1976, 16 of 1976, 17 of 1976,
Legal Notices Nos. 151 of 1978, 74 of 1982, 91 of 1984

"attendant" means any servant of the Council or person appointed by the Council to carry out duties in the car park;

"book" means any book or other printed or written matter, picture, print, photograph, film, engraving, etching, map, plan, chart, record or similar contrivance for reproducing sound, music score and any article of a like nature forming part of the contents of the library;

"bus operator" includes any person, firm, company or organization which owns or operates a motor omnibus;

"bus shelter" means any shelter owned and controlled by the Council for the use of bus passengers in the town of Ba;

"bus station" means the Ba Bus Station maintained and controlled by the Council and notified as such by description published in the Gazette and in a daily newspaper published and circulating in Fiji;

"car park" means any area designated from time to time by the Council to be used for the parking of commercial vehicles, private vehicles and taxis;

"commercial vehicle" means any motor vehicle not being a taxi used for the carriage of goods or passengers or both goods and passengers for hire or reward, or used in the course of trade or agriculture and shall include a tractor;

"dance hall" means any hall, house, room, garden or other place kept or used, other than on an isolated occasion or during the course of religious festivals, for public dancing, singing, music or other public entertainment of a similar nature, but does not include any licensed hotel or licensed cinematograph theatre;

"fish" means all edible aquatic animals and foods other than shell-fish and turtles;

"handicrafts" means mats, baskets, earthenware or wooden vessels and other articles made, ornamented, finished or adapted for sale manually in Fiji;

"librarian" means the person appointed as such by the Council or any other person authorised in that behalf by the Council;

"Market Master" means the Market Master appointed by the Council and includes a deputy duly appointed by the Council;

"motor omnibus" means a public service vehicle constructed or adapted to carry more than six passengers excluding the driver;

"private vehicle" and "taxi" respectively mean any motor vehicle registered as such under the Traffic Act;

"offensive matter" means and includes offal, night soil, putrid meat, entrails of fish or poultry, carrion, blood, dung, manure, shells, bones, rags, fruit or vegetable refuse, soap lees, impure water and any other matter giving off an offensive odour or being in any way a nuisance or likely to be injurious to health;

"produce" means fish (fresh, frozen, dried or smoked), shell-fish, turtles, turtle meat, poultry, eggs, fresh fruits and vegetables, rice, split peas, pulses and any other agricultural, forest or marine product which is an article of food or drink, and includes locally grown tobacco, vegetable oils and ghee;

"public park" means any park, gardens, reserve, recreation area or sports ground vested in, controlled or maintained by the Council;

"shell-fish" means crabs, prawns, crayfish, oysters, mussels and all other edible molluscs and crustaceans;

"stall" means any place within the market where produce or handicrafts are sold or offered for sale;

"supplier" means a person who supplies produce to a miller, manufacturer or processor.

(Amended by Local Government Notices 5 of 1968, 11 of 1969, 16 of 1976, 17 of 1976; Legal Notice 151 of 1978.)

3.—(1) The Council or an authorised officer thereof may serve upon the owner, occupier or lessee of any land (whether built upon or not) within the town a notice requiring him to keep such land clear of all scrub, brushwood, undergrowth and garbage, and maintain such land in a sanitary condition to the satisfaction of the Council or of an authorised officer thereof.

(2) Any owner, occupier or lessee of any land failing to comply with the provisions of paragraph (1) shall be guilty of an offence.

4.—(1) No person shall throw or deposit, or cause or suffer to be thrown or deposited, any refuse, garbage or offensive matter or any other kind of matter of a type likely to cause an obstruction, into any public culvert, drain, ditch, sewer or waterway.

(2) Any person failing to comply with the provisions of paragraph (1) shall be guilty of an offence.

5.—(1) The owner, occupier or lessee of any building, premises or land, shall construct such drains as the Council may, by notice, require for the effectual removal of all storm, slop and waste water from such building, premises or land.

(2) Such drains shall be properly connected to a public drain or to such other outlet approved by the Council, and shall be kept in a clean and sanitary condition.

(3) Any person failing to comply with the provisions of paragraphs (1) or (2) shall be guilty of an offence.

6. If any owner, occupier, or lessee of any building, premises or land shall fail to comply with a notice given under the provisions of by-laws 3 or 5 within such time as the Council may in such notice prescribe, the Council may undertake the work, and the cost thereof shall be a debt due to the Council and may be sued for before a court of competent jurisdiction.

7.—(1) Garbage shall be deposited only in garbage pans supplied by the occupier and approved by the Council or an authorised officer thereof and such garbage pans shall be in accordance with the requirements of Part X of the Public Health Regulations and shall be fitted with one or more handles.

(2) No person, other than a servant of the Council, shall collect garbage without the permission in writing of the Council.

(3) No person, other than a servant of the Council, shall deposit or cause or permit any other person to deposit any garbage or any other refuse of any kind at the dump without the permission in writing of the Council, or an authorised officer thereof, and only at such times and places and in such a manner as the Council or an authorised officer thereof may direct.

(4) Garbage receptacles shall be placed at the side of the road taken by the collecting vehicle, or in such other places as the Council or any authorised officer thereof may permit in respect of any particular premises, in which case the owner of such premises shall provide an easy means of access thereto for removal of garbage.

(5) The occupier of any residence, shop, business premises or other building where there may be an accumulation of kitchen refuse or decomposing matter of any kind shall provide the number of garbage receptacles required by the local authority.

(6) Any person committing any breach of the provisions of this by-law shall be guilty of an offence and, in addition to any penalty to which he is liable under the provisions of by-law 87, shall remove or cause to be removed such garbage or other refuse in such a manner and within such time as the Council or an authorised officer thereof may direct:

Provided that the Council may cause the garbage or other refuse to be removed and may recover the costs and expenses incurred in such removal from the occupier.

8.—(1) The owner of any dwelling-house, business premises, lodging house or any place where persons are accommodated or labour is employed shall construct latrines or privies of such type and number as the Council may, by notice, require.

(2) Any person failing to comply with the provisions of paragraph (1) shall be guilty of an offence.

9.—(1) No person shall upon any street or public place throw or deposit or cause or suffer to be thrown or deposited any offensive matter, tins or refuse of any description.

(2) No person shall upon any street or in the bus station permit the leakage of oil of any description from any vehicle.

(3) The occupier of any business premises shall not allow trade goods, cases, boxes, barrels or any merchandise of any description to remain on any street.

(4) No person shall permit any cattle, horse, sheep, pig or goat to graze upon any public place without the written consent of the Clerk or any person authorised by the Council.

(5) Any person failing to comply with the provisions of this by-law shall be guilty of an offence.

10. Any person who obstructs, molests or hinders any officer or servant of the Council in the execution of his duty or who uses violent or threatening language to or attempts in any way whatsoever to intimidate such servant or who endeavours by any bribe, threat or promise to cause any such servant to neglect or exceed his duty, shall be guilty of an offence.

11.—(1) Subject to the provisions of these By-laws the Council may grant permission to any sporting, social or other organization or body to have exclusive use of the whole or any part of any public park on any particular day or days for purposes approved by the Council and may give such organization or body power to levy charges for admission:

(a) notwithstanding the grant of any such permission, the Council may, in its absolute discretion, revoke such permission to enable the public park to be used for other purposes in connection with a special occasion;

(b) the Council may, in its absolute discretion at any time, declare any public park to be unusable, in which case the flying of a red flag and the posting of a notice declaring such park to be unusable, at the entrance to the park shall be deemed to be sufficent notice to all persons that the park is unusable.

(2) Any person using any public park for sporting, recreational or social purposes when such park has been declared to be unusable shall be guilty of an offence.

12.—(1) Subject to the provisions of paragraph (2) any application for the grant of exclusive user of any public park shall be made to the Clerk not less than fourteen days before the day, or the first of the days, when such user is required and shall be subject to approval by resolution of the Council.

(2) Where, by reason of special circumstances, it is not possible for an application to be made at least fourteen days before the user, or first user, of any park is required such application may be made to the Clerk who shall consult the Mayor, whose decision shall be deemed to be the decision of the Council and shall be reported to the Council at the next meeting thereof.

13.—(1) The Council may, by resolution, retain to itself the exclusive user of the whole or any part of any public park on any special occasion.

(2) The Council may from time to time set aside any public park or any portion thereof for use as a children's playground and install therein equipment for use by children in which event the Council may prohibit the use of such equipment by persons of above such age as the Council may, by resolution, determine.

(a) make a charge to be paid by the organization or body to which permission has been granted for the exclusive user of any public park or any part thereof under the provisions of by-law 11, which charge may be a lump sum or a percentage of the gross gate receipts; or

(b) make a charge to be paid by members of the public on any occasion when the Council retains to itself the exclusive user of any public park or any part thereof.

15.—(1) The Council shall provide a gatekeeper and such other persons as may be necessary for the purpose of controlling admission to any public park, the collection of admission charges and the sale of tickets, whenever the Council, by resolution, makes a charge based on a percentage of gross gate receipts under the provisions of paragraph (a) of by-law 14.

(2) The gatekeeper shall be responsible to the Council for certifying the gross gate receipts, and the charges referred to in paragraph (1) shall be calculated in accordance with such certificate and be deducted from such receipts. All such charges shall thereupon be paid by the gatekeeper to the Clerk.

16. Any person who shall enter or remain within the bounds of any public park or any part thereof without having paid any lawful charge made for admission thereto under the authority of these By-laws or who shall neglect or refuse to pay such charge on demand, may forthwith be removed therefrom and shall be guilty of an offence.

17.—(1) No fair, circus or amusement park run for profit shall be established at any place nor shall any equipment be installed in any fairground or amusement park run for profit except with the permission in writing of the Council and on payment of such fees as the Council may, by resolution, from time to time, prescribe, and subject to such conditions as the Council may, by resolution, impose.

(2) The Council or its officers shall at all times have access to the place prescribed and shall have the right to inspect all equipment used therein.

(3) Any person who contravenes the provisions of paragraph (1) or who fails to observe any condition imposed by the Council under such provisions shall be guilty of an offence.

18.—(1) Subject to the provisions of paragraph (2), any person may enter any public park at any time.

(2) The Council may, by resolution, prescribe particular hours during which any public park, other than a reserve, shall remain closed, in which case the Council shall cause a notice to be posted or affixed in a prominent place in such park specifying details of such hours.

(3) Any person who shall enter or remain within any public park during the hours specified under the provisions of paragraph (2) without the general or specific permission of the Clerk may forthwith be removed therefrom and shall be guilty of an offence.

19.—(1) No person other than an authorised officer or servant of the Council shall in any public park—

(a) cut, pluck, injure or destroy any turf, tree, bush, shrub, flower, plant or other thing in or upon any part thereof, or dig, cut or remove any sod, turf, loam, sand, gravel or other substance thereon or therefrom;

(b) negligently or wilfully injure, deface or remove any seat, notice, notice board, post, chair, railing, fence, barrier or other thing which may from time to time be erected or placed therein by or with the authority of the Council;

(f) wilfully interfere with the authorised user thereof or with any game or sport permitted by the Council therein;

(g) sell or offer or expose for sale any food or other goods therein without the prior permission of the Council or an authorised officer thereof;

(h) deliver or read any public lecture, prayer, sermon or address of any kind or hold or take part in or cause any public assemblage without the prior permission of the Council, and then only at such times and places as the Council may permit;

(i) draw, take or drive any truck, car, motor-cycle, bicycle, scooter, wheelbarrow, carriage or other vehicle, other than an invalid's chair or child's perambulator or pushcart, therein without the prior permission of the Council or an authorised officer thereof;

(j) bathe, wade or wash in any pond or pool therein or wilfully or negligently foul or pollute the water of any such pond or pool, or take, injure or destroy, or attempt to take, injure or destroy, any fish in any such pond or pool;

(k) throw or deposit, or cause or suffer to be thrown or deposited, in a pavilion therein any litter, garbage or offensive matter, except in a receptacle provided by the Council for that purpose;

(l) aid in or abet any act or thing which may not be specifically mentioned in these By-laws and which may tend to the injury or disfigurement thereof or to interfere with the use and enjoyment thereof by the public for the purpose of exercise or recreation.

(a) play at or engage in any game or exercise in such a manner as to injure any path, turf, tree, shrub, flower, plant, building or other structure or thing therein or upon any part thereof;

(b) wilfully obstruct any officer or servant of the Council in the execution of any work in connection with such public park.

(3) Any person contravening or failing to comply with any of the provisions of this by-law shall be guilty of an offence.

20.—(1) The bus station shall be under the immediate management and control of the Town Clerk.

(2) The Council may appoint an attendant or attendants to assist the Town Clerk in the discharge of his functions.

(3) Subject to the overall direction of the Council, the Town Clerk shall have responsibility for the allocation to bus operators of stands in the bus station and for the erection of traffic signs therein.

(4) Any person who stops or parks a motor omnibus at a stand other than that allocated to the bus operator by the Town Clerk or who fails to comply with any direction on a traffic sign erected at the bus station shall be guilty of an offence.

21. Each bus operator desiring to use the bus station shall make application in the form set out in the First Schedule, for a licence for his motor omnibus to use the bus station.

22. All licences to use the bus station shall be issued on behalf of the Council by the Clerk and in the form of licence set out in the Second Schedule and shall have effect in respect only of the motor omnibus described therein.

23.—(1) The licence fees for the use of the bus station by motor omnibuses shall be in accordance with the fees set out in the Third Schedule and shall be collected and charged in accordance with the provisions of the succeeding paragraphs of this by-law.

(2) The licence fees payable in respect of each motor omnibus using the bus station shall be charged in respect of each calendar month and in arrear.

(3) In respect of motor omnibuses, the licence fees to be charged for any such monthly period shall be computed on the total number of visits of the motor omnibus to the bus station during the month and shall be calculated from the time-table approved by the Transport Control Board in respect of the road service licence under which the motor omnibus shall have been operating during the month or from any other information which the Transport Control Board shall think fit to supply to the Clerk from its records or from any other information obtained by the Clerk under the provisions of paragraph (4).

(4) If the Clerk considers that the number of visits to the bus station of any motor omnibus cannot be satisfactorily calculated from any time-table, he may, by written notice, require the bus operator concerned to supply him with particulars of the numbers of visits to the bus station and the times thereof, of each motor omnibus operating under the operator's road service licence during the month the subject of the computation and any bus operator so required to supply such particulars shall within seven days after the receipt by him of such notice, deliver to the Clerk a written statement, signed by such operator, or under his authority, and containing a true and correct statement of the total number of visits to the bus station and the times thereof of each such motor omnibus during the said month.

(5) All licence fees payable to the Council under the provisions of these By-laws shall be recoverable by the Council as civil debts by due process of law.

24. Each bus operator shall pay to the Council the licence fees payable by him within fifteen days after he has been notified of the amount thereof.

25.—(1) No bus operator shall be entitled to use the bus station for the purpose of any motor omnibus unless he holds a valid licence issued under the provisions of these By-laws in respect of such motor omnibus.

(2) No motor omnibus shall enter or use the bus station at any time unless a valid licence issued under the provisions of these By-laws is held by a bus operator in respect thereof and any person who contravenes the provisions of this paragraph shall be guilty of an offence.

(3) No bus operator shall be entitled to use the bus station while any licence fees owing by him under the provisions of these By-laws remain unpaid after the due date thereof.

26. The Council may revoke the licence of any bus operator who fails to pay by the due date any licence fees payable by him or who is convicted of any offence under the provisions of this Part.

27.—(1) No person shall without the written authority of the Council sell or offer or expose for sale any produce or goods in or around the bus station.

(2) No person shall place or deposit in or on any motor omnibus standing in the bus station any placard, hand-bill, advertisement or notice without the prior consent of the owner or driver of such motor omnibus.

(3) No person shall display in or on the bus station or any bus shelter any placard, hand-bill, advertisement or notice, pamphlet, book or paper without the prior consent of the Council and on such terms and conditions as the Council shall, by resolution, determine.

(4) Any person contravening the provisions of this by-law shall be guilty of an offence.

28.—(1) Subject to the provisions of paragraph (2), no person shall sound or play upon any musical or noisy instrument or operate a loud speaker in any street, public park or any other park, garden, recreation area, sports ground or reserve to which the public have access, or in any vehicle in any street therein.

(1A) Subject to the provisions of paragraph (2), a person shall not, so as to cause annoyance or disturbance to the public or a member of the public—

(a) play, or cause or permit to be played, a record player, tape recorder, radio or musical instrument, loud hailer, loudspeaker, or other noisy instrument; or

(b) shout, stamp, clap, chant, sing, or otherwise cause excessive noise either personally or by way of any vehicle, machine or other contraption,

except to such extent as may be reasonably necessary in connection with the pursuance of an authorised business.

(b) to the sounding or playing of musical instruments by a band or musician playing with the prior permission of the Council;

(c) to the operation of a loud speaker or the sounding or playing of a musical or noisy instrument at a pleasure fair field with the prior permission of the Council;

(d) to the sounding or playing of any musical or noisy instrument or the operation of any loud speaker in a procession or public assembly if permission for such instrument or loud speaker has been given under the provisions of the Public Order Act;

(e) to the operation of any mobile cinema van by any department of Government or by any person with the prior permission of the Council;

(f) to the operation of any loud speaker or the sounding or playing of any musical or noisy instrument operated or played with the prior permission of the Council at any sporting, recreational, social, religious or charitable assembly, event or fixture, conducted with the prior permission of the Council under the provisions of paragraph (1) of by-law 11, or sub-paragraph (h) of paragraph (1) of by-law 19;

(g) to the operation of any loud speaker or the sounding or playing of any Musical or noisy instrument, operated or played with the prior permission of the Council, at any sporting, recreational, social, religious or charitable assembly, event or fixture, conducted in any park, garden, recreation area, sports ground or reserve, other than a public park, to which the public have access;

(h) to the operation of any loud speaker or the sounding or playing of any noisy or musical instrument in any place in respect of which the Council has granted exemption, either generally or on any particular occasion;

(3) Any person failing to comply with the provisions of this by-law shall be guilty of an offence.

29.—(1) No person shall, within the town keep or use or permit to be kept or used any dance hall without first obtaining from the Council a licence in respect thereof on payment of an annual fee of $6:

Provided that a licence may be granted for any period not exceeding thirty days upon payment of a fee of $2.

(2) Notwithstanding the provisions of paragraph (1), no dance hall may be used as such on a Sunday, on Good Friday or on Christmas Day.

30.—(1) No licence shall be required for the use of the Ba Town Hall as a dance hall.

(2) The Board may by resolution exempt from the provisions of paragraph (1) of by-law 29 any club the main purpose of which is to provide entertainment for its members, but which occasionally holds entertainments which are open to the public if the Council is satisfied that such exemption is not likely to result in annoyance to or disturbance of the public.

(3) The Council may by resolution revoke any exemption granted under the provisions of paragraph (2) if annoyance to or disturbance of the public has occurred.

31.—(1) Any person desirous of obtaining a licence under the provisions of these By-laws shall make application to the Clerk in Form A set out in the Fourth Schedule.

(2) The Council may grant a licence to any person as it shall think fit upon such terms and conditions and subject to such restrictions as it may consider appropriate. Any licence, other than one issued under the provisions of the proviso to paragraph (1) of by-law 29, shall remain in force for a period of one year from the date of issue.

(3) A licence issued under the provisions of this By-law shall be in Form B set out in the Fourth Schedule.

32. Upon the application of any licensee, the Clerk may permit the transfer of any licence issued under the provisions of these By-laws to such other person as he may consider appropriate.

33.—(1) The Council may refuse to grant a licence to any person or in respect of any premises or may revoke or suspend or amend any licence on any grounds which it considers sufficient.

(2) Where it is proposed that a licence be refused, revoked, suspended or amended under the provisions of paragraph (1), the Council shall give to the applicant or the licensee, as the case may be, fourteen days' notice in writing of the meeting of the Council at which the refusal, revocation, or suspension is to be considered and in such notice the Council shall set out the grounds upon which consideration is being given to such refusal, revocation or suspension.

(3) No licence shall be refused, revoked, suspended or amended by the Council unless the applicant or the licensee has been given an opportunity of being heard by the Council.

34. Any person who contravenes the provisions of by-law 29 or any licensee who fails to comply with any condition of a licence granted to him under these By-laws shall be guilty of an offence.

35. The market shall be under the immediate management and control of the Market Master, who shall be appointed by and be responsible to the Council.

36. No person, except the holder of a wholesale or retail store licence or a butcher's licence issued under the provisions of any Act relating to the licensing of businesses, shall sell or offer for sale any produce, other than fresh fish, or shell-fish in any place within the town, other than in the market:

(a) by any producer, to a miller, manufacturer or processor where such produce is sold within the confines of property in the occupation of such producer or of such miller, manufacturer or processor; or

(b) by any miller, manufacturer or processor to any of his employees or suppliers where such produce is sold within the confines of property in the occupation of such miller, manufacturer or processor.

37. No person shall bring to the market or offer for sale in the market any fish, other than white-bait or other similar small fish, unless such fish shall first have been gutted, gilled and cleaned.

38. During the hours in which the market is open for business no person shall sell by retail fresh fish at any place outside the market:

Provided that this by-law shall not apply to the sale of fresh fish wholesale, or by a butcher or fishmonger or a retail or wholesale store holder licensed under the provisions of any Act for the time being in force relating to the licensing of businesses.

39. No person shall sell or offer for sale in the market any article other than produce or handicrafts.

40. The market shall be open for business during such hours as the Council may direct.

41. All persons using or being within the precincts of the market shall obey all reasonable directions given by the Market Master for the purpose of observing the good order and cleanliness of the market.

42. No person shall sell or offer for sale any article in the market except at a stall allotted to him by the Council or the Market Master and during the hours that the market is open for business.

43. The allocation of stalls in the market shall be made by the Council or the Market Master in as fair and reasonable a manner as possible.

44. No person shall make any alteration to a stall, or exhibit any notice thereon or introduce any fittings, fixtures, furniture or impediments of any kind, without the authority of the Market Master, and any such thing introduced without his authority may be removed by the Market Master.

45. No person shall occupy or use a stall so long as any charges which are due and payable for the use thereof are outstanding.

46.—(1) The charges for the use of stalls and other market facilities shall be in accordance with the rates set out in the Fifth Schedule and shall be payable in advance to the Market Master.

(2) The Market Master shall, at the time of receiving payment of any charges under this by-law, issue a receipt accordingly.

47. Every stallholder shall exhibit and keep exhibited on his stall while the same is in use, his current receipt for the payment of the market charges in such manner as the Market Master shall direct and in such position that it can conveniently be read and inspected at all times by the Market Master or any attendant, and shall have all produce and handicrafts for sale by him at such stall legibly and conspicuously marked with the prices at which he offers the same for sale and in a manner clearly to indicate that price to the public.

48. No stallholder shall exchange, sublet, surrender or part with the possession of his stall or share his stall with another vendor or person except with the permission of the Market Master.

49. No person shall in the market advertise goods by shouting, or conduct a sale by auction except with the permission of the Market Master.

50. No person shall sell or offer for sale mixed yaqona in any part of the market without the prior approval of the Council.

51. No person shall do any cooking in any part of the market without the prior approval of the Council.

52. No person shall bring into the market any intoxicating liquor or methylated spirit.

53. No person shall bring into the market anything which in the opinion of the Market Master is bad, obnoxious, unwholesome or dangerous, and the Market Master may remove or cause to be removed any such thing brought within the precincts of the market.

54. Stallholders shall keep their produce and expose it for sale in as hygienic a manner as is practicable and shall obey all reasonable directions of the Market Master in this regard.

55. Stallholders shall keep their stalls in a clean and orderly condition, and shall, as and when required, dispose of any litter, empty containers and refuse as directed by the Market Master. Any stallholder refusing or neglecting to obey the reasonable directions of the Market Master under the provisions of this by-law may, in addition to any fine to which he may be liable under the provisions of these By-laws, lawfully be refused the allocation of a stall by the Council or the Market Master.

56. No person shall bring a dog into the market or suffer it to remain there, and the Market Master shall have power to remove or order the removal of any dog from the market.

57. No person shall spit or discharge any nasal fluid or mucus on to any roadway, footpath, floor or other part of the market or any utensils, produce, article or thing standing or being in the market.

58. No person suffering from any infectious or contagious disease or having recently been exposed to infection by such a disease shall engage in the sale of any goods in the market.

59. No person shall enter or remain in the market outside the hours during which the market is open for business without the authority of the Market Master.

60. No person shall obstruct, prevent, hinder or interfere with the Market Master or any attendant in the performance of any duty under the provisions of this Part and no person shall enter the market whilst drunk or excite a riot or curse or swear or use any gross, indecent, filthy or abusive language or gamble or be guilty of any other misconduct therein.

61. No person shall place any matter or thing on any roadway, footpath or passage in the market so as to obstruct the free use of such roadway, footpath or passage, or neglect or refuse to remove such matter or thing on being required to do so by the Market Master.

62.—(1) Goods unsold at the close of the day may be left in the market at the owner's risk with the permission of the Market Master and any goods so left without such permission may be removed by the Market Master and disposed of in such manner as he may consider reasonable.

(2) With his consent goods may be left in the care of the Market Master upon payment in advance of a charge to be prescribed by the Council.

63. Any person contravening or failing to comply with the provisions of this Part, other than those of by-laws 35, 40, 43, 46 and 62 shall be guilty of an offence.

(c) causes or allows any dog or other animal belonging to him or under his control to enter or remain in the library;

(d) brings into any part of the library any wheeled vehicle or conveyance, other than an invalid chair or child's perambulator;

(e) except in such place as the Council may set aside as a place where smoking is permitted, smokes tobacco or strikes any naked light in the library;

(f) wilfully soils, tears out, defaces, damages, injures or destroys any book forming part of the contents of the library;

(g) except with the permission of the librarian, fixes any bill, placard or notice to or upon any part of the library;

(h) except with the permission of the Council, partakes of any food or drink in the library,

65. No person shall, except in accordance with rules to be made by the Council under the provisions of these By-laws, take any book away from the library, and any person contravening the provisions of this by-law shall be guilty of an offence.

66. Any person having charge or being in possession of any book forming part of the contents of the library shall return such book to the librarian within seven days of the service upon him of a notice requiring him so to do, and any person contravening the provisions of this by-law shall be guilty of an offence.

(a) make rules relating to the use of the library or any part thereof or with regard to the borrowing of any book therefrom;

PART IX—STREET NUMBERING
(Inserted by Local Government Notice 8 of 1968.)

68.—(1) Where the Council decides that numbers shall be affixed on land or on or to buildings for the purpose of designating and numbering such land or building in any road or street, the owners or occupiers of such land or buildings shall be informed of the Council's intention to affix such numbers at least twenty-one days before they are affixed by the publication of a notice in the Gazette and in two consecutive editions of any newspaper published in Fiji and circulating within the town area.

(2) Where any employee of the Council has affixed any number on any land or on or to any building for the aforesaid purpose, it shall be an offence for any person unlawfully to remove, deface, mutilate or tamper with such number.

(3) It shall be an offence for any person to obstruct any person who enters any land or building under the instructions of the Council in order to inspect, affix, reaffix or change such numbers.

PART X—CAR PARK
(Inserted by Local Government Notice 5 of 1968; substituted by Local Government Notice 17 of 1976.)

69.—(1) The Council may from time to time by resolution, set apart any area to be used for the parking of commercial vehicles, private vehicles and taxis.

(2). A description of any such area shall be advertised by the Council at least once each in the Gazette and a daily newspaper circulating in Fiji.